Legislative Assembly and Executive Council Act

Consolidated act
Citation
S.N.W.T. 1999, c.22
Registration
R-005-2001
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cited by
Contents
1. Definitions 2. Electoral districts 3. Duration of Legislative Assembly 3.1. Session 4. Place of session 4.1. Teleconference or video- conference session 5. Quorum 6. Member ineligible at time of election 7. Repealed 8. Right of Legislative Assembly to expel, suspend or discipline members 9. Oaths of office and allegiance 10. Resignation of seat 11. Issue of writ on vacancy 12. Effect of vacancy 12.1. Rights, privileges, immunities and powers generally 13. Liability for acts done 14. Protection of members from actions 15. Protection of members during session 16. Exemption from jury service: employee 16.1. Ordinary residence 17. Member’s indemnity 18. Indemnity for office holder 19. Allowance for expenses 20. Northern allowance 21. Deemed adjustment in amounts 22. Meaning: "business as a member" 23. Repealed 24. Capital accommoda- tion expenses 25. Other accommoda- tion expenses 26. Meal allowance 27. Travel expenses 28. Travel to a sitting or to meetings 28.1. Travel throughout year 29. Expenses related to constituency work 30. Ownership of non-consum- able property 30.1. Reimburse- ment of expenses for children of member 31. Amount of transition allowance 32. Reimburse- ment for expenses 33. Prorated expenses 34. Reimburse- ment by member 35. Annual report 35.1. Establishment of independent commission 36. Legislative Assembly Board of Management 37. Chairperson 38. Secretary 39. Quorum 40. Rules and procedures 40.1. Variance of instruments under Financial Administration Act or Public Service 41. Powers of Board of Management 42. Policies 43. Regulations 44. Power to establish committees 45. Speaker 46. Deputy Speaker 47. Deputy chairpersons 48. Acting Speaker if Deputy Speaker absent 49. Validity of Acts, orders and things 50. Vote of Speaker 51. Administra- tion of Act 52. Agreements 53. Office of the Legislative Assembly 54. Appointment of Clerk 54.1. Suspension 55. Members of public service 56. Duties 57. Oath or affirmation of office 58. Preparation of estimates 59. Consolidated Revenue Fund 59.1. Endorsement of assent 59.2. Custody of Acts 59.3. Certified copies of Acts 59.4. Request for certified copy 59.5. Certificate of Clerk 60. Definition: "department" 61. Executive Council 62. Respon- sibility of Executive Council 63. Oath or affirmation of allegiance and office 64. Vacancy in office of Premier 65. Deputy Premier 66. Ministers 67. Additional departments or titles 68. Responsibility of Minister 69. Continuance of Executive Council and Ministers in 70. Committees 70.1. Repealed 71. Agreements 72. Privileges and powers of executive government 73. Definitions 74. Conflict of interest 74.1. Code of Conduct 75. Obligations of members 76. Insider information 77. Withdrawal from meeting by member 78. Lobbying 79. Contracts 80. Disclosure report 81. Outside interests 82. Trust 83. Definition: "transition period" 83.1. Contracts held by former members 83.2. Corporation controlled by former member 83.3. Lobbying by former members 83.4. Contracts held by former Speaker or Minister 12. Effect of vacancy 83.5. Federal appointments: former Speaker or Minister 83.6. Offence 83.7. Definition: government decision 84. Exempt contracts 85. Application by member for authorization of contract 86. Remuneration, gifts and benefits 87. Disclosure statement 88. Meeting with Integrity Commissioner 89. Public disclosure statement 89.1. Fine for failure to file disclosure statement 90. Destruction of disclosure documents 91. Appointment of Integrity Commissioner 92. Resignation 93. Acting Integrity Commissioner due to suspension or removal 94. Special Integrity Commissioner 94.1. Honorarium, travel and 94.2. Other employment 94.3. Engaging services 95. Oath 96. Liability 97. Extension of time 97.1. Request by Speaker or Premier 98. Request for advice and recommen- dations 99. Annual report 100. Former member 101. Investigation 102. Definition: alternative dispute resolution 103. Approval of Sole Adjudicators 104. Hearing in public or private 105. Powers of Sole Adjudicator 106. Disposition of complaint 107. Consideration of report by Legislative Assembly: 107.1. Disposition of Sole Adjudicator binding: former members 107.2. Appeal to Court of Appeal: former members 108. Costs of member or former member complained of 109. Confidentiality 110. Authority of Premier 111. Proper exercise of functions of member 112. Oath or affirmation 112. Oath or affirmation 9. or discipline members Oaths of office and allegiance 10. Resignation of seat 11. Issue of writ on vacancy 12. Effect of vacancy 13. powers Liability for acts done 14. Protection of members from actions 15. Protection of members during session 16. Exemption from jury service: employee 17. Indemnities and Allowances Member’s indemnity 18. Indemnity for office holder 19. Allowance for expenses SCHEDULE B FORM 1 FORM 2 FORM 2.1 FORM 3 FORM 4 SCHEDULE C
Regulations
Indemnities, Allowances and Expense Regulations

The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:

INTERPRETATION

Definitions

1.

(1) In this Act,

"Board of Management" means the Legislative Assembly Board of Management continued under subsection 36(1); (Bureau de régie)

"capital" means Yellowknife or another place designated by the Legislature as the seat of the Government of the Northwest Territories under section 9 of the Northwest Territories Act (Canada); (capitale)

"Clerk" means the Clerk of the Legislative Assembly; (greffier)

"constituency work" means any work directly connected with a member’s responsibilities as a member in relation to the ordinary and proper representation of members of the public, but does not include work performed in the course of his or her attendance at a sitting or general meeting of the Legislative Assembly, work performed as a member of a committee of the Legislative Assembly or of the Board of Management, or work performed in the course of an assignment given by the Legislative Assembly or the Speaker; (travail de député)

"Consumer Price Index" means the annual average all-items Consumer Price Index for Canada as published by Statistics Canada under the authority of the Statistics Act (Canada); (indice des prix à la consommation)

"Deputy Speaker" means the Deputy Speaker and chairperson of the Committee of the Whole; (président adjoint)

"election" means an election of a member or members to serve in the Legislative Assembly; (élection)

"fiscal year" means the period beginning on April 1 in one year and ending on March 31 in the following year; (exercice) "member" means a member of the Legislative Assembly, unless the context indicates otherwise; (député)

"principal residence" means the usual place, as determined in accordance with the regulations, where a member makes his or her home at the time of his or her election as a member; (résidence principale)

"secondary residence" means a residence within commuting distance of the capital used for ordinary occupancy by a member whose principal residence is not within commuting distance of the capital; (résidence secondaire)

"session" means a session of the Legislative Assembly referred to in subsection 3.1(1); (session)

"sitting" means, with respect to the Legislative Assembly, a meeting of the Legislative Assembly that occurs during a period specified in the Rules of the Legislative Assembly; (séance)

"Speaker" means the Speaker of the Legislative Assembly; (président)

"spouse" means a person

(a) who is married to a member unless the member and that person are separated,

(b) who, together with a member, entered into a marriage that is voidable or void, in good faith, unless the member and that person are separated, or

(c) who is cohabiting outside marriage with a member, if

(i) the person and the member have cohabited for a period of at least two years,

(ii) the person and the member have cohabited in a relationship of some permanence and are together the natural or adoptive parents of a child, or

(iii) the member represents the person as a spouse. (conjoint)

Inherent power of Legislative Assembly

(2) Nothing in this Act affects the inherent power of the Legislative Assembly to control its own proceedings, privileges or prerogatives, unless this Act expressly provides otherwise. SNWT 2006,c.10,s.2; SNWT 2006,c.22,s.2; SNWT 2013,c.21,s.2,3; SNWT 2014,c.10,s.15(2); SNWT 2015,c.25,s.2; SNWT 2022,c.17,s.2.

PART 1

LEGISLATIVE ASSEMBLY

GENERAL

Electoral districts

2.

(1) There are 19 electoral districts as named and described in Schedule A.

Member

(2) Each electoral district is entitled to return one member to the Legislative Assembly. SNWT 2003, c.6,s.2.

(3) Repealed, SNWT 2003,c.6,s.2.

Duration of Legislative Assembly

3.

(1) Subject to the power of the Commissioner to dissolve the Legislative Assembly under subsection 11(1) of the Northwest Territories Act (Canada) and subject to subsection (2), every Legislative Assembly shall continue for four years after the day fixed for the return of the writs of election for the general election and no longer. SNWT 2006,c.22,s.3; SNWT 2014,c.10,s.15(3); SNWT 2015,c.25,s.3; SNWT 2019,c.10,s.2.

(2) Repealed, SNWT 2019,c.10,s.2.

Session

3.1.

(1) A session begins on the first day of the first sitting following prorogation of the Legislative Assembly and ends on the day on which the session is prorogued.

First session

(2) The Commissioner shall convene the first session of a Legislative Assembly within 45 days of polling day for the general election.

Sitting requirement

(3) The Legislative Assembly must sit at least once every 12 months. SNWT 2006,c.22,s.3; SNWT 2015,c.25,s.4; SNWT 2019,c.10,s.3.

Place of session

4.

(1) Subject to subsection (2), each session shall be held at the capital.

Other places of session

(2) A session or a sitting within a session may, by order of the Commissioner made on the recommendation of the Speaker, be held in a place in the Northwest Territories other than the capital. SNWT 2006, c.22,s.4; SNWT 2013,c.21,s.2.

Teleconference or video- conference session

4.1.

(1) The Legislative Assembly may conduct all or a portion of a session by way of teleconference or videoconference if the Speaker is satisfied that exceptional circumstances warrant conducting the session in that manner.

Member participation by tele- conference or video- conference

(2) The Speaker may authorize a member to participate in all or a portion of a session by way of teleconference or videoconference at the Speaker’s discretion.

Quorum

(3) A member participating in all or a portion of a session by way of teleconference or videoconference shall

(a) be counted for the purpose of determining whether quorum is constituted under section 5; and

(b) be considered to have attended that session or portion of the session.

Voting

(4) A member participating in all or a portion of a session by way of teleconference or videoconference may vote on any matter in which they are entitled to vote as though they were participating in person. SNWT 2020,c.6,s.2.

Quorum

5.

(1) A majority of members, including the Speaker, constitutes a quorum of the Legislative Assembly.

Voting

(2) Questions arising in the Legislative Assembly shall be decided by a majority of votes cast.

Member ineligible at time of election

6.

(1) Where a person is elected as a member but was not eligible to be a candidate at the time of his or her election,

(a) the person shall not be or sit as a member; and

(b) subject to subsection (3), the election and return in respect of the person are void.

Member ineligible after election

(2) A member, who after their election would not be eligible to be a candidate at an election,

(a) must not be and shall not sit as a member; and

(b) is deemed, subject to subsection (3), to have immediately vacated their seat.

Ineligibility arising from conviction or imprisonment

(3) Where a person was not or would not be eligible to be a candidate pursuant to subsection (1) or (2) and that ineligibility results from a conviction referred to in section 350 of the Elections and Plebiscites Act or because he or she is imprisoned in a correctional institution as referred to in paragraph 79(4)(c) of the Elections and Plebiscites Act, the operation of paragraph (1)(b) or (2)(b) of this section, as the case may be, is suspended until

(a) the expiry of the time allowed for bringing an appeal of the conviction or of any decision of a court upholding the conviction in an appeal of the conviction, where the member has not commenced an appeal of the conviction or of the decision, as the case may be; or

(b) a court from which there is no further appeal upholds the conviction, on an appeal of the conviction or of a decision upholding the conviction.

No payment of indemnity or allowance

(4) A member to whom subsection (3) applies shall not be paid any indemnity or allowance under this Part for or in respect of the period during which he or she is ineligible to sit as a member.

Removal of ineligibility

(5) Where the conviction of an offence is set aside by a court of competent jurisdiction, the ineligibility of the member to be and sit as a member and to receive indemnities and allowances is terminated.

Authority to pay indemnities and allowances

(6) Where the conviction of a member of an offence is set aside by a court of competent jurisdiction, the Legislative Assembly may, by resolution, authorize the payment to the member of any indemnity or allowance or any part of an indemnity or allowance that was not paid pursuant to subsection (4). SNWT 2006,c.15,s.357(2); SNWT 2019,c.10,s.4; SNWT 2022,c.17,s.3.

7.

Repealed, SNWT 2006,c.22,s.5.

Right of Legislative Assembly to expel, suspend or discipline members

8.

Nothing in this Act shall be construed so as to limit the right of the Legislative Assembly to expel, suspend or discipline a member according to the privileges or practices, rules and procedures of the Legislative Assembly or Parliament. SNWT 2015, c.25,s.5.

Oaths of office and allegiance

9.

(1) In accordance with section 12 of the Northwest Territories Act (Canada), a member shall, before assuming any duties of office, take the required oaths or affirmations of office and allegiance and the oath or affirmation of loyalty, before the Commissioner.

Oaths and affirmations

(2) The required oaths or affirmations of office are all of the following:

(a) the Oath or Affirmation of Office in Form 1 of Schedule B;

(b) the Oath or Affirmation of Allegiance in Form 2 of Schedule B;

(c) the Oath or Affirmation of Loyalty in Form 2.1 of Schedule B.

SNWT 2014,c.10,s.15(4); SNWT 2019,c.22,s.2; SNWT 2022,c.17,s.4.

VACANCIES

Resignation of seat

10.

(1) A member may resign his or her seat as a member

(a) by declaring openly in the member’s place in the Legislative Assembly, the member’s decision to resign, in which case the Clerk shall note the decision in the records of the Legislative Assembly and the seat of the member shall immediately become vacant; or

(b) by causing to be delivered to the Clerk

(i) a written statement declaring the member’s decision to resign signed by the member and dated not more than 14 days before the Clerk receives the statement, and

(ii) an affidavit of a witness attesting to the execution of the statement sworn before a commissioner for oaths or other person authorized to take affidavits in the Northwest Territories, and, on delivery to the Clerk, the seat of the member shall become vacant.

Informing Commissioner of vacancy

(2) On receiving a statement and supporting affidavit under paragraph (1)(b), the Clerk shall inform the Commissioner of the vacancy and transmit the statement and the affidavit to the Commissioner.

Presumption

(3) For the purposes of this section, a person shall be deemed not to be a member unless that person has been declared elected as a member.

Effect of resignation

(4) The resignation of a member under this section does not affect the conduct or result of any proceedings that are pending or that may be taken

(a) under any law in force in the Northwest Territories respecting controverted elections; and

(b) in respect of any complaint brought against the member under subsection 100(2).

SNWT 2006,c.22, s.6; SNWT 2011,c.11,s.2; SNWT 2013, c.21,s.2.

Issue of writ on vacancy

11.

(1) Where the seat of a member becomes vacant for any reason, the Commissioner, on being informed of the vacancy, shall forthwith, by order, give instructions to the Chief Electoral Officer as defined in the Elections and Plebiscites Act, for the issue of a writ for the election of a member to fill the vacancy.

Exception

(2) Instructions for the issue of a writ shall not be given under subsection (1) where the vacancy in the Legislative Assembly occurs within nine months before the day on which the Legislative Assembly is to expire.

Revocation of instructions and writ

(3) Where the Legislative Assembly is dissolved after instructions are given for the issue of a writ under subsection (1) and before an election is held to fill the vacancy, the instructions and any writ that may have been issued under the instructions are deemed to be revoked. SNWT 2006,c.15,s.357(3); SNWT 2015, c.25,s.6.

Effect of vacancy

12.

No omission or failure to elect a member or members for any electoral district and no vacating of the seat or voiding of the election of any member or members renders the Legislative Assembly incomplete, invalidates any of its proceedings or prevents the Legislative Assembly from meeting and dispatching business, so long as there is a quorum of members present.

IMMUNITIES AND PRIVILEGES

Rights, privileges, immunities and powers generally

12.1.

(1) In addition to the rights, privileges, immunities and powers conferred by this Act, the Legislative Assembly, its members and its committees have the same rights, privileges, immunities and powers as those held by the House of Commons of Canada, the members of that House and the committees of that House.

Status of rights, privileges, immunities and powers

(2) The rights, privileges, immunities and powers referred to in subsection (1)

(a) are part of the public and general law of the Northwest Territories;

(b) need not be pleaded; and

(c) shall be judicially noticed in all courts of the Northwest Territories.

SNWT 2006,c.22,s.7.

Liability for acts done

13.

No person who is

(a) under lawful instructions from the Legislative Assembly, or

(b) a witness before the Legislative Assembly or any committee of the Legislative Assembly,

is liable for any act done by him or her, under those instructions or as a witness, to any other person in damages or otherwise.

Protection of members from actions

14.

Subject to Part 3, no member is liable to any civil action or prosecution, arrest, imprisonment or damages

(a) by reason of any matter or thing brought by the member by petition, bill, resolution, motion or otherwise, or

(b) by reason of anything said by the member,

before the Legislative Assembly or a committee of the Legislative Assembly.

Protection of members during session

15.

Except for a contravention of this Act, no member is liable to arrest or detention for any cause or matter of a civil nature during a sitting or during a meeting of a committee of the Legislative Assembly. SNWT 2006,c.22,s.8; SNWT 2022,c.17,s.5.

Exemption from jury service: employee

16.

(1) An employee of the Office of the Legislative Assembly is exempt from service as a juror before the Supreme Court for a period commencing one week before a sitting or a meeting of a committee of the Legislative Assembly, and continuing for the duration of the sitting or meeting.

Exemption from jury service: contractor

(1.1) A person who provides a service to the Legislative Assembly on a contractual basis, including audio-visual services, catering services, Hansard services and security services, is exempt from service as a juror before the Supreme Court for a period commencing one week before a sitting or a meeting of a committee of the Legislative Assembly and continuing for the duration of the sitting or meeting, if such service as a juror may present a conflict with his or her contractual obligations.

Exemption from jury service: other employees

(1.2) A person employed in the public service, whose office is located in the Legislative Assembly building, is exempt from service as a juror before the Supreme Court for a period commencing one week before a sitting or a meeting of a committee of the Legislative Assembly, and continuing for the duration of the sitting or meeting.

Exemption from jury service: constituency assistant

(1.3) A constituency assistant designated by a member is exempt from service as a juror before the Supreme Court for a period commencing one week before a sitting of the Legislative Assembly, and continuing for the duration of the sitting.

Exemption from jury service: witness

(2) A person summoned to attend before the Legislative Assembly or a committee of the Legislative Assembly is exempt from service as a juror before the Supreme Court if such service may present a conflict with the requirement that he or she attend before the Legislative Assembly or the committee. SNWT 2006,c.22,s.9; SNWT 2011,c.11,s.3; SNWT 2019,c.10,s.5.

INDEMNITIES, ALLOWANCES

AND REIMBURSEMENT FOR EXPENSES

Member Residence

Ordinary residence

16.1.

(1) Subject to subsection (3) and the regulations, for the purposes of this Act, the ordinary residence of a member is the member’s principal residence.

Secondary residence

(2) A member whose principal residence is not within commuting distance of the capital may establish a secondary residence.

Deemed ordinary residence

(3) The secondary residence of a member established under subsection (2) is deemed to be the member’s ordinary residence for the purposes of determining the member’s entitlement to allowances or expenses under this Act.

Maintenance of principal residence

(4) A member who establishes a secondary residence under subsection (2) is entitled to allowances and expenses under this Act that are applicable to members who establish such a residence, only if the member retains ownership or possession of his or her principal residence. SNWT 2013,c.21,s.4.

Indemnities and Allowances

Member’s indemnity

17.

(1) Every member shall be paid an indemnity in the amount set out in Part 1 of Schedule C.

Period during which indemnity is payable

(3) For the purposes of an indemnity referred to in subsection (1),

(a) a person shall be deemed to have become a member on the day last fixed for the election of a member for the electoral district represented by that person; and

(b) a person who was a member immediately before the expiration or dissolution of the Legislative Assembly shall be deemed to continue to be a member until the day preceding the polling day for the next general election.

Death of member

(4) Where a member dies, the indemnity referred to in subsection (1) shall be paid to the end of the month in which the death occurs. SNWT 2006, c.10,s.3(1); SNWT 2006,c.22,s.10.

Indemnity for office holder

18.

(1) Subject to subsection (1.1), a further indemnity in the amount set out in Part 2 of Schedule C shall be paid to a member in respect of an office held by the member referred to in Part 2 of Schedule C.

Limitation

(1.1) A member who holds more than one office referred to in Part 2 of Schedule C is entitled to only one indemnity under paragraphs (a) to (i) of that Part.

Period of payments

(2) The indemnity to which a member is entitled under subsection (1) shall be paid during the period the member holds the associated office. SNWT 2006, c.10,s.4; SNWT 2015,c.25,s.7; SNWT 2022,c.17,s.6.

Allowance for expenses

19.

(1) Every member shall be paid an allowance for expenses incidental to the discharge of the member’s duties as member in the amount set out in paragraph (a) of Part 3 of Schedule C.

Additional allowance

(2) In addition to the allowance referred to in subsection (1), a further allowance in the amount set out in paragraph (b) of Part 3 of Schedule C shall be paid to a member whose ordinary residence is not within commuting distance of the capital. SNWT 2006,c.10,s.5; SNWT 2013,c.21,s.5.

Northern allowance

20.

(1) Every member shall be paid an allowance, based on the place where the member maintains his or her ordinary residence, in the amount referred to in Part 4 of Schedule C.

Amendment of Part 4 of Schedule C

(2) Where the amounts of the allowance referred to in Part 4 of Schedule C are adjusted, or the allowance itself is adjusted or is no longer payable, the Board of Management shall, by regulation, amend Schedule C as required to effect the adjustment.

Period during which northern allowance payable

(3) For the purposes of an allowance referred to in subsection (1),

(a) a person shall be deemed to have become a member on the day last fixed for the election of a member for the electoral district represented by that person; and

(b) a person who was a member immediately before the expiration or dissolution of the Legislative Assembly shall be deemed to continue to be a member until the day preceding the polling day for the next general election.

SNWT 2006,c.10,s.6; SNWT 2011,c.11,s.4; SNWT 2013,c.21,s.6.

Deemed adjustment in amounts

21.

(1) On April 1 of each year, the amounts set out in Parts 1, 2, 3 and 5 of Schedule C are deemed to be adjusted by the average percentage increase or decrease in the Consumer Price Index for Canada in the previous five calendar years.

Amendments to Schedule C

(2) The Board of Management shall, by regulation, amend Schedule C as required to effect adjustments provided for in subsection (1).

Tabling of amendments

(3) The Speaker shall cause a report to be laid before the Legislative Assembly setting out any amendments made to Schedule C under subsection (2) as soon as is reasonably practicable after the amendments are made. SNWT 2006,c.10,s.7; SNWT 2013,c.21,s.7; SNWT 2016,c.2,s.2; SNWT 2019,c.10,s.6; SNWT 2023,c.6,s.2; SNWT 2023,c.17,s.2.

(4) Repealed, SNWT 2019,c.10,s.6.

Accommodation and Travel Expenses

Meaning: "business as a member"

22.

(1) For the purposes of paragraph 24(1)(b), sections 25 and 26 and subsection 27(1), a member is on business as a member where he or she is in, or travels to, a place

(a) to attend a sitting;

(b) to attend a meeting of a standing or special committee established under section 44, of which they are a member;

(c) to attend a meeting of the Board of Management, of which he or she is a member;

(d) to attend a general meeting for all members; or

(e) to perform an assignment given to the member by the Legislative Assembly or the Speaker.

Further meaning: "business as a member"

(2) In addition to the forms of business referred to in subsection (1),

(a) a member of the Executive Council is on business as a member where he or she is in, or travels to, a place to attend a meeting of the Executive Council, or to attend a meeting of a committee of the Executive Council, of which he or she is a member; and

(b) a member of the Financial Management Board is on business as a member where he or she is in, or travels to, a place to attend a meeting of the Financial Management Board.

SNWT 2006,c.22,s.11; SNWT 2013,c.21,s.8; SNWT 2022,c.17,s.7.

23.

Repealed, SNWT 2013,c.21,s.9.

Capital accommoda- tion expenses

24.

(1) Subject to subsection (1.1) and the regulations, a member whose principal residence is not within commuting distance of the capital shall be reimbursed for

(a) the actual rent for rental accommodation in the capital, and other authorized expenses, incurred by the member; or

(b) the actual cost of hotel accommodation in the capital, and other authorized expenses, incurred by the member while in the capital on business as a member.

Capital accommoda- tion expenses for secondary residence

(1.1) Subject to the regulations, a member who establishes a secondary residence shall be reimbursed for the actual rent for the secondary residence, and other authorized expenses, incurred by the member.

No reimburse- ment

(2) Notwithstanding subsections (1) and (1.1), a member shall not be reimbursed for rent, the cost of hotel accommodation or any other expense where any of the following persons have a financial interest in the contract or other arrangement pursuant to which the expense is incurred or in a corporation that has a financial interest in the contract or other arrangement pursuant to which the expense is incurred:

(a) the member;

(b) the spouse or a relative of the member;

(c) another member;

(d) the spouse or a relative of another member;

(e) any other person listed in the regulations.

SNWT 2013,c.21,s.10.

Other accommoda- tion expenses

25.

(1) Subject to subsection (2), a member whose ordinary residence is not within commuting distance of a place other than the capital to which he or she must travel on business as a member shall be reimbursed

(a) for the actual and reasonable cost of hotel accommodation he or she incurs while in that place on that business; or

(b) where the member makes non-commercial arrangements for overnight accommodation, in the prescribed amount.

Principal residence available for occupancy

(2) A member whose ordinary residence is a secondary residence but whose principal residence is in the place to which he or she must travel on business as a member is not entitled to reimbursement under subsection (1) if his or her principal residence is available for occupancy by the member while he or she is in that place on business. SNWT 2013,c.21,s.11.

Meal allowance

26.

A member whose ordinary residence is not within commuting distance of a place other than the capital to which he or she must travel on business as a member shall be paid an allowance for meals and incidental expenses in the prescribed amount. SNWT 2013, c.21,s.11.

Travel expenses

27.

(1) A member whose ordinary residence is not within commuting distance of a place to which he or she must travel on business as a member shall be reimbursed for the actual and reasonable cost of the member’s return transportation between that place and the place where the member maintains his or her ordinary residence.

Travel by spouse for sitting

(2) A member who travels to a place to attend a sitting shall be reimbursed for the actual and reasonable cost of the return transportation of the member’s spouse or a person designated by the member between that place and the member’s ordinary residence.

Travel by constituency assistant

(3) For the purposes of subsection (2), a member may designate a constituency assistant who travels from a community within the member's constituency, and in that case may be reimbursed for the actual and reasonable cost of return transportation of the constituency assistant between the place of the sitting and the community from which the constituency assistant has travelled. SNWT 2013,c.21,s.11; SNWT 2015,c.25,s.8.

Travel to a sitting or to meetings

28.

(1) A member who travels to a place that is not within commuting distance of the member’s ordinary residence for any of the following purposes shall, after a period of time calculated in accordance with the regulations, be reimbursed for the actual and reasonable cost of return transportation between that place and the member’s ordinary residence:

(a) to attend a sitting or meetings of a committee of the Legislative Assembly or the Board of Management;

(b) in the case of a member of the Executive Council, to attend a meeting of the Executive Council or to attend a meeting of a committee of the Executive Council, of which he or she is a member;

(c) in the case of a member of the Financial Management Board, to attend a meeting of the Financial Management Board.

Travel by spouse or other person

(2) The reimbursement to which a member is entitled under subsection (1) may be for travel by the member, the member’s spouse or a person designated by the member.

Travel by constituency assistant

(3) A member whose constituency assistant travels from a community within the member’s constituency to a place to accompany the member for a purpose referred to in paragraph (1)(a), (b) or (c), shall, after a period of time calculated in accordance with the regulations, be reimbursed for the actual and reasonable cost of return transportation of the constituency assistant between that place and the community from which the constituency assistant has travelled. SNWT 2006,c.22,s.14; SNWT 2008, c.6,s.2; SNWT 2013,c.21,s.12; SNWT 2019, c.10,s.7.

Travel throughout year

28.1.

(1) In addition to the reimbursement to which a member is entitled under sections 27 and 28, a member whose ordinary residence is not within commuting distance of the capital shall be reimbursed for the actual and reasonable cost of return transportation for no more than five trips each fiscal year.

Conditions of travel

(2) A trip referred to in subsection (1) must originate in the place where the member maintains his or her ordinary residence, and may only be taken by a family member who lives in that place. SNWT 2002, c.3,s.3; SNWT 2013,c.21,s.13.

Expenses Related to Constituency Work

Expenses related to constituency work

29.

(1) Subject to the regulations and on production of receipts or other documentation satisfactory to the Board of Management, a member shall be reimbursed for the expenses necessarily incurred by the member to carry out his or her constituency work.

Change to maximum amounts allowed for expenses

(2) On April 1 of each year, the maximum amounts prescribed under paragraph 43(i) for which members may be reimbursed under this section are deemed to be adjusted by the average percentage increase or decrease in the Consumer Price Index for Canada in the previous five calendar years. SNWT 2002,c.3,s.4; SNWT 2006, c.10,s.8; SNWT 2024,c.2,s.2.

Ownership of non-consum- able property

30.

Subject to the regulations, any non-consumable personal property that is purchased by a member and for which the member receives reimbursement under section 29 is the property of the Legislative Assembly and shall not be retained by the member at the expiry of his or her term of office.

Children of Member

Reimburse- ment of expenses for children of member

30.1.

A member may be reimbursed, in accordance with the regulations, for expenses incurred in respect of a child of the member resulting from performance of the member’s duties of office. SNWT 2019,c.33,s.5(1).

Transition Allowance

Amount of transition allowance

31.

(1) A member, other than a member to whom subsection (2) applies, shall be paid a transition allowance equal to one-twelfth of the annual indemnity for each consecutive year of service, if he or she

(a) resigns his or her seat as a member of that Legislative Assembly; or

(b) is serving as a member immediately before that Legislative Assembly is dissolved or is ended by the passage of time, and does not become a member of the next Legislative Assembly.

Amount of transition allowance: former Speaker or Minister

(2) A member who is a former Speaker or Minister to whom section 83.4 or 83.5 applies, shall be paid a transition allowance equal to the annual indemnity if he or she

(a) resigns his or her seat as a member of that Legislative Assembly; or

(b) is serving as a member immediately before that Legislative Assembly is dissolved or is ended by the passage of time, and does not become a member of the next Legislative Assembly.

Calculation rules

(3) A transition allowance under subsection (1) shall be calculated

(a) pro rata for any period of service less than a year; and

(b) excluding any period of service before December 7, 1999.

Limit on amount

(4) A transition allowance under subsection (1) or (2) shall not exceed the annual indemnity.

Cumulative limit

(5) For greater certainty, the limit established by subsection (4) is cumulative and may not be exceeded where a member receives a transition allowance under subsection (1) or (2) and subsequently, after a break in service, again becomes a member.

Determination of annual indemnity

(6) For the purposes of this section, the annual indemnity in respect of a person is the amount referred to in subsection 17(1) as of the day the person ceases to be a member.

Augmentation

(7) Once the transition allowance has been calculated under subsections (3), (4) and (5), it must be augmented by the amount prescribed in Schedule C. SNWT 2007,c.8,s.2; SNWT 2011, c.11,s.6; SNWT 2022,c.17,s.8.

General

Reimburse- ment for expenses

32.

A member shall be reimbursed for the expenses incurred by him or her in accordance with this Act, the regulations and any policies made by the Board of Management.

Prorated expenses

33.

(1) In a year in which there is a general election, the entitlement of a member to an allowance under section 19 or to reimbursement for expenses under section 29 shall be reduced

(a) for the period before the election, to an amount prorated for the period beginning on the first day of the fiscal year and ending on the day the Legislative Assembly is dissolved; and

(b) for the period after the election, to an amount prorated for the period beginning on the polling day for the election and ending on the last day of the fiscal year.

Prorated capital accommoda- tion expenses

(2) In a year in which there is a general election, the entitlement of a member to reimbursement for expenses under paragraph 24(1)(a) shall be reduced

(a) for the period before the election, to an amount prorated for the period beginning on the first day of the fiscal year and ending on the day before the polling day for the election; and

(b) for the period after the election, to an amount prorated for the period beginning on the polling day for the election and ending on the last day of the fiscal year.

SNWT 2006,c.10,s.9; SNWT 2006,c.22,s.15; SNWT 2019,c.33,s.2.

Reimburse- ment by member

34.

(1) Where a member or former member has received more than the member or former member is entitled to for an indemnity, an allowance or reimbursement for an expense under this Act, the member or former member shall reimburse the Consolidated Revenue Fund for the excess.

Set off

(2) The Board of Management may set off the amount of the excess referred to in subsection (1) against any other entitlement the member or former member may have to an indemnity, an allowance or reimbursement for an expense.

Annual Report Respecting

Member’s Indemnities and Expenses

Annual report

35.

The Speaker shall, in each fiscal year, cause a report or reports to be laid before the Legislative Assembly setting out, in detail, the following information in respect of each person who was a member during the previous fiscal year:

(a) the total amount of the indemnities paid under subsection 17(1) and section 18 in the previous fiscal year;

(b) the total amounts paid under subsection 24(1) in the previous fiscal year by way of reimbursement for expenses for accommodation in the capital and for other authorized expenses, and a breakdown of the types of authorized expenses for which reimbursement was paid and the amount that was paid for each type of expense;

(c) the total amount paid under section 29 in the previous fiscal year by way of reimbursement for expenses related to constituency work, and a breakdown of the types of expenses for which reimbursement was paid and the amount that was paid for each type of expense;

(d) the total amounts paid in the previous fiscal year pursuant to any regulations made under paragraph 43(k.1).

SNWT 2006,c.10,s.10; SNWT 2011,c.11,s.7.

Independent Commission to Review

Members’ Compensation and Benefits

Establishment of independent commission

35.1.

(1) Within 18 months after the polling day for a general election, the Speaker, on the recommendation of the Board of Management, shall establish an independent commission and appoint as its members three individuals who are independent, neutral and knowledgeable.

Chairperson

(1.01) The Speaker, on the recommendation of the Board of Management, shall designate a chairperson from among its members.

Remuneration

(1.1) A member of the commission is entitled to remuneration for his or her services at the rates prescribed by the Board of Management.

Expenses

(1.2) A member of the commission is entitled to reasonable travelling and living expenses while absent from his or her ordinary place of residence in the course of his or her duties under this section, at the rates prescribed by the Board of Management.

Duties of commission

(2) The commission shall, within 10 months after its establishment,

(a) review the indemnities, allowances and reimbursements for expenses payable, and any other benefits available, to members and to members holding offices; and

(b) provide to the Speaker a report setting out any recommendations for changes that the commission determines should be made to the indemnities, allowances, reimbursements and other benefits.

Laying report before Legislative Assembly

(3) The Speaker shall cause the report provided under paragraph (2)(b) to be laid before the Legislative Assembly as soon as is reasonably possible.

Termination of commission appointments

(4) An appointment of an individual to a commission terminates on the earliest of

(a) six months after the day on which the report is laid before the Legislative Assembly under subsection (3);

(b) the day the Legislative Assembly is dissolved or the session is prorogued prior to the report being considered; or

(c) the day the appointment is revoked or otherwise terminated.

SNWT 2002,c.3,s.5; SNWT 2006,c.22,s.16; SNWT 2011,c.11,s.8; SNWT 2019,c.10,s.8; SNWT 2022,c.17,s.9.

LEGISLATIVE ASSEMBLY

BOARD OF MANAGEMENT

Legislative Assembly Board of Management

36.

(1) The body corporate called the Management and Services Board, established by the Legislative Assembly and Executive Council Act, R.S.N.W.T. 1988, c.L-5, is continued as the Legislative Assembly Board of Management.

Composition

(2) The Board of Management shall be composed of

(a) the Speaker;

(b) one member of the Executive Council appointed on the recommendation of the Premier;

(c) the Minister of Finance by virtue of their office; and

(d) two other members other than the Speaker, Premier or a Minister.

Alternate members

(2.1) The Board of Management shall have the following alternate members:

(a) two members of the Executive Council, appointed on the recommendation of the Premier, who shall serve as alternates to the members appointed under paragraph (2)(b);

(b) two members who shall serve as alternates to the members appointed under paragraph (2)(d).

Appointments

(3) The Legislative Assembly shall, by resolution at its first sitting, appoint members and alternate members to the Board of Management in accordance with subsections (2) and (2.1).

Term of office

(4) A member or alternate member of the Board of Management holds office until the next Legislative Assembly makes appointments under subsection (3), unless his or her appointment is earlier revoked by resolution of the Legislative Assembly.

Vacancy between sittings

(5) If a vacancy in the office of a member or alternate member of the Board of Management arises between sittings, the Board of Management may appoint an interim member or alternate member until the Legislative Assembly appoints a successor. SNWT 2001,c.6,s.2; SNWT 2006,c.22,s.17; SNWT 2011,c.11,s.9; SNWT 2015,c.25,s.9; SNWT 2022,c.17,s.10.

Chairperson

37.

(1) The Speaker is the chairperson of the Board of Management.

Acting chairperson

(2) Where the Speaker is absent or unable to act or the office of the Speaker is vacant, the members of the Board of Management shall choose an acting chairperson from among themselves to act until such time as the Speaker is no longer absent and is able to act or the office of the Speaker has been filled.

(3) Repealed, SNWT 2022,c.17,s.11.

Duties of chairperson

(4) The chairperson of the Board of Management is the chief administrative officer of the Board of Management and shall carry out its work subject to its direction. SNWT 2022,c.17,s.11.

Secretary

38.

The Clerk is the secretary of the Board of Management. SNWT 2022,c.17,s.12.

Quorum

39.

(1) The chairperson, one member of the Board of Management who is a member of the Executive Council and one member of the Board of Management who is not a member of the Executive Council, constitute a quorum.

Voting

(2) A member of the Board of Management is entitled to one vote.

Vote of chairperson

(3) Notwithstanding subsection (2), the chairperson of the Board of Management is only entitled to vote in order to break a tie vote. SNWT 2011,c.11,s.10; SNWT 2015,c.25,s.10.

Rules and procedures

40.

(1) Subject to subsection (2), the Board of Management may establish its own rules and procedures.

Open meetings

(2) In establishing its rules and procedures, the Board of Management shall provide that the members and members of the public may attend its meetings, but may, in its rules, set out such exceptions as it considers appropriate.

Variance of instruments under Financial Administration Act or Public Service

40.1.

(1) The Board of Management may direct that any of the following are inapplicable to, or varied in respect of, the Office of the Legislative Assembly or any particular officer or employee or class of employees of the Office:

(a) any regulation, order or directive made under the Financial Administration Act;

(b) any regulation, order or policy made under the Public Service Act.

Application

(2) A direction by the Board of Management under subsection (1), in respect of a regulation, order or directive made under the Financial Administration Act, applies notwithstanding section 3 of that Act. SNWT 2006,c.22,s.18; SNWT 2015,c.13, s.159(2); SNWT 2022,c.17,s.13.

Powers of Board of Management

41.

(1) Subject to this Act, the Board of Management shall

(a) provide the services to members that the Board of Management considers appropriate;

(a.1) establish policies respecting what constitutes constituency work for the purposes of this Act;

(b) administer the indemnities, allowances, reimbursements and benefits to which members are entitled;

(b.1) administer and provide for the management and operation of the Legislative Assembly pension plans;

(c) provide for the management and operation of the Office of the Legislative Assembly; and

(d) provide for any other financial or administrative matter that it considers appropriate in respect of the Legislative Assembly or the Office of the Legislative Assembly.

Cultures and traditions of Northwest Territories

(2) The Board of Management shall ensure that the cultures and traditions of the Northwest Territories and the dignity of the Legislative Assembly are reflected in the decor of, and the dress in, the Legislative Assembly. SNWT 2011,c.11,s.11; SNWT 2013,c.21,s.2; SNWT 2019,c.10,s.9.

Policies

42.

(1) The Board of Management may establish policies respecting any other matter for which the Board of Management has powers, duties or responsibilities under this Act.

Tabling of policies re indemnities, allowances, reimbursement

(2) The Speaker shall, as soon as is reasonably practicable in each fiscal year, cause a report to be laid before the Legislative Assembly containing any policies in respect of the indemnities or allowances payable to members or the expenses for which members may be reimbursed that were made under subsection (1) during the previous fiscal year.

Tabling of other policies

(3) The Speaker may cause a report to be laid before the Legislative Assembly containing any policies made under subsection (1) where the Speaker considers it appropriate to do so. SNWT 2019, c.10,s.10.

Regulations

43.

The Speaker, on the recommendation of the Board of Management, may make regulations

(a) respecting when and in what manner the indemnities and allowances referred to in this Part will be paid;

(a.1) respecting the determination of the principal residence of a member for the purposes of the definition "principal residence" in subsection 1(1), and the determination of the ordinary residence of a member for the purposes of section 16.1;

(b) Repealed, SNWT 2006,c.10,s.11;

(c) prescribing the maximum amount for which a member may be reimbursed under subsections 24(1) and (1.1);

(d) respecting the types of expenses that are authorized under subsections 24(1) and (1.1);

(e) setting out the circumstances in which a person or any of the persons mentioned in subsection 24(2) will be considered to have a financial interest under section 24;

(f) listing persons referred to in paragraph 24(2)(e);

(g) describing who is a relative of a member for the purposes of paragraphs 24(2)(b) and (d);

(g.1) respecting the amount of reimbursement payable under paragraph 25(b);

(h) respecting the amount of allowance payable under section 26;

(h.1) respecting the calculation of the period of time referred to in subsections 28(1) and (3);

(i) prescribing the maximum amount, in respect of each electoral district or otherwise, for which a member may be reimbursed under section 29;

(j) respecting the types of expenses that may be reimbursed under section 29, the types of expenses that may not be reimbursed and the circumstances in which expenses will not be reimbursed and specifying the portion of the maximum amount payable that may be used for any type of expense;

(k) excepting certain property, by value or otherwise, from the application of section 30;

(k.1) respecting the payment of allowances to and reimbursement of expenses of the Speaker and of members of the Executive Council in addition to those paid or reimbursed under this Part;

(k.2) respecting the provision of benefits to members in addition to those provided for in this Part;

(k.3) respecting allowances under section 30.1, including defining "child of the member";

(k.4) prescribing fees for services provided under this Part; and

(l) for carrying out the purposes and provisions of this Part.

SNWT 2006, c.10,s.11; SNWT 2011,c.11,s.12; SNWT 2013,c.21,s.14; SNWT 2015,c.25,s.11; SNWT 2019,c.33,s.3,5(2); SNWT 2022,c.17,s.14.

COMMITTEES OF THE

LEGISLATIVE ASSEMBLY

Power to establish committees

44.

The Legislative Assembly may establish such standing and special committees to aid and advise it as it considers necessary.

SPEAKER AND DEPUTY SPEAKER

Speaker

45.

(1) The Legislative Assembly shall elect a Speaker on its first day of sitting after a general election.

Tenure of office

(2) The Speaker holds office during the pleasure of the Legislative Assembly.

Vacancy

(3) Where a vacancy occurs in the office of Speaker by death, resignation or otherwise, the Legislative Assembly shall elect another of its members to be Speaker.

Duties

(4) Except as otherwise provided in this Act, the Speaker shall preside over the sittings of the Legislative Assembly and has all the inherent powers, privileges and prerogatives that pertain to the office of Speaker.

Continuance of Speaker in office

(5) The person who holds the office of Speaker at the time of a dissolution of the Legislative Assembly continues to hold the office of Speaker until the next Speaker is elected under subsection (1). SNWT 2006,c.22,s.19; SNWT 2022,c.17,s.15.

Deputy Speaker

46.

(1) The Legislative Assembly shall elect a Deputy Speaker.

Tenure of office

(2) The Deputy Speaker holds office during the pleasure of the Legislative Assembly.

Powers and duties

(3) The Deputy Speaker may exercise the powers and shall perform the duties of the Speaker where

(a) invited to do so by the Speaker;

(b) the Speaker is absent or unable to act; or

(c) the office of the Speaker is vacant.

Chairperson of Committee of the Whole

(4) The Deputy Speaker is the chairperson of the Committee of the Whole. SNWT 2006,c.22,s.20.

Deputy chairpersons

47.

(1) The Legislative Assembly shall, at its first session, elect two deputy chairpersons of the Committee of the Whole.

Tenure of office

(2) The deputy chairpersons hold office during the pleasure of the Legislative Assembly.

Powers and duties

(3) A deputy chairperson of the Committee of the Whole shall exercise the powers and shall perform the duties of the Deputy Speaker as chairperson of the Committee of the Whole when called upon to do so by the Speaker or Deputy Speaker. SNWT 2006, c.22,s.21(2); SNWT 2019,c.10,s.11.

Acting Speaker if Deputy Speaker absent

48.

(1) Where the Speaker finds it necessary to leave the chair during any part of the sittings of the Legislative Assembly, the Speaker may, in the absence of the Deputy Speaker, call on any member to take the chair and act as Speaker during the remainder of the day unless the Speaker or Deputy Speaker resumes the chair before the close of sitting that day.

Acting Speaker if Speaker and Deputy Speaker absent

(2) Where the Legislative Assembly is informed by the Clerk at the table of the unavoidable absence of both the Speaker and the Deputy Speaker, the Legislative Assembly shall choose a member to take the chair and act as Speaker for that day.

Duty of Acting Speaker

(3) The member called on or chosen under this section shall take the chair and act as Speaker accordingly. SNWT 2006,c.22,s.22; SNWT 2019, c.10,s.12; SNWT 2022,c.17,s.5.

Validity of Acts, orders and things

49.

Every Act passed, order made and thing done by the Legislative Assembly while the Deputy Speaker or a member is acting as Speaker is as valid as if the Speaker were presiding.

Vote of Speaker

50.

(1) The Speaker or the person acting as Speaker shall not vote except in order to break a tie vote.

Vote of chairperson of Committee of the Whole

(2) The chairperson of the Committee of the Whole or the person acting in the place of the chairperson shall not, while occupying the chair, vote during proceedings of the Committee of the Whole except in order to break a tie vote. SNWT 2006, c.22,s.23.

Administra- tion of Act

51.

The Speaker, subject to direction from the Board of Management, is responsible for the administration of this Act.

Agreements

52.

(1) Notwithstanding the Financial Administration Act or any other Act, the Speaker or a person duly authorized by the Speaker may, subject to the approval of the Board of Management, enter into any agreement on behalf of the Legislative Assembly that the Speaker or the authorized person, as the case may be, considers advisable for the purposes of carrying out the provisions of this Act.

Beneficiary of agreements

(2) An agreement entered into by the Speaker or a person duly authorized by the Speaker enures to the benefit of the Legislative Assembly.

Liability

(3) The Speaker, or the person duly authorized by the Speaker, is not personally liable for any agreement that has been entered into under this section.

Civil actions

(4) The Speaker, for and on behalf of the Legislative Assembly, may sue and be sued.

OFFICE OF THE LEGISLATIVE ASSEMBLY

Office of the Legislative Assembly

53.

(1) There shall be an Office of the Legislative Assembly composed of

(a) the Speaker;

(b) the Deputy Speaker;

(c) the Clerk;

(d) the Law Clerk and the Sergeant-at-Arms; and

(e) such employees as may be required for the proper conduct of the business of the Legislative Assembly.

Role of Speaker

(2) The Speaker shall preside over the Office of the Legislative Assembly.

Delegation

(3) The Speaker may, in writing, delegate any of his or her powers and duties respecting the administration of the Office of the Legislative Assembly to

(a) the Deputy Speaker;

(b) the Clerk;

(c) the Law Clerk; and

(d) the Sergeant-at-Arms.

SNWT 2006,c.22,s.24; SNWT 2022,c.17,s.16.

Appointment of Clerk

54.

(1) The Clerk shall be appointed by the Commissioner on the recommendation of the Board of Management approved by motion of the Legislative Assembly.

Tenure of Clerk

(2) The Clerk shall hold office during good behaviour but may be removed from office for cause by the Commissioner on the recommendation of the Board of Management approved by motion of the Legislative Assembly.

Appointment of Law Clerk and Sergeant- at-Arms

(3) The Law Clerk and the Sergeant-at-Arms shall be appointed by the Commissioner, on the recommendation of the Board of Management, approved by motion of the Legislative Assembly.

Tenure of Law Clerk and Sergeant- at-Arms

(3.1) The Law Clerk and the Sergeant-at-Arms hold office during good behaviour, but may be removed from office for cause by the Commissioner, on the recommendation of the Board of Management, approved by motion of the Legislative Assembly.

Employees

(4) The Speaker, on the recommendation of the Clerk, may appoint the employees of the Office of the Legislative Assembly. SNWT 2006,c.22,s.25; SNWT 2019,c.10,s.13.

Suspension

54.1.

(1) The Speaker, on the recommendation of the Board of Management, may, for cause or incapacity, suspend the Clerk, Law Clerk or Sergeant-at-Arms, with or without remuneration.

Appointment of acting officers

(2) If the Clerk, Law Clerk or Sergeant-at-Arms is suspended under subsection (1), the Speaker, on the recommendation of the Board of Management, shall appoint an acting Clerk, Law Clerk or Sergeant-at-Arms, as the case may be, until the earliest of the following occurs:

(a) the suspension is revoked by the Legislative Assembly;

(b) a person is appointed as the new Clerk, Law Clerk or Sergeant-at-Arms, as the case may be.

SNWT 2019,c.10,s.14.

Members of public service

55.

(1) The Clerk and the employees of the Office of the Legislative Assembly are members of the public service.

Excluded employees

(2) The Clerk and the employees of the Office of the Legislative Assembly are not eligible for membership in a bargaining unit as defined in the Public Service Act.

Management and direction

(3) Notwithstanding the Public Service Act, the Speaker has overall management and direction of the Office of the Legislative Assembly.

Speaker may exercise powers of Minister

(4) The Speaker may exercise the powers of the Minister set out in the Public Service Act respecting employees of the Office of the Legislative Assembly.

Speaker acts on recom- mendation of Board of Management

(5) Where the Minister is required under the Public Service Act to act on the recommendation of the Financial Management Board, the Speaker shall so act on the recommendation of the Board of Management.

Public service policies apply unless variance directed

(6) The administrative, financial, management and human resource policies and procedures of the public service apply to the Office of the Legislative Assembly unless the Board of Management has directed a variance under paragraph 40.1(1)(b). SNWT 2022,c.17,s.17.

Duties

56.

The officers of the Legislative Assembly shall perform such duties as may be provided for in the Rules of the Legislative Assembly or as may be determined by the Speaker. SNWT 2006,c.22,s.26.

Oath or affirmation of office

57.

Each person who comprises the Office of the Legislative Assembly under subsection 53(1) shall, before assuming their office, take the Oath or Affirmation of Office in Form 3 of Schedule B, before

(a) the Speaker, if the person is referred to in paragraph 53(1)(b), (c) or (d); or

(b) the Clerk, if the person is referred to in paragraph 53(1)(a) or (e).

SNWT 2022,c.17,s.18.

SNWT 2022,c.17,s.18.

FINANCIAL MATTERS

Preparation of estimates

58.

(1) Prior to each fiscal year, the Board of Management shall prepare the estimates of the sums of money that will be required in respect of that fiscal year for the Legislative Assembly.

Transmittal by Speaker

(2) The Speaker shall transmit the estimates referred to in subsection (1) and any supplemental estimates to the Financial Management Board at any time in a manner approved by the Financial Management Board.

Financial Management Board shall include estimates

(3) The Financial Management Board shall direct the Minister of Finance to include the estimates referred to in subsection (1) and any supplemental estimates in the Estimates, as defined in subsection 1(1) of the Financial Administration Act, in accordance with subsections 22 and 23 of that Act. SNWT 2022,c.17,s.18.

Consolidated Revenue Fund

59.

Payments made under this Act shall be made out of money appropriated for the purpose in the Consolidated Revenue Fund.

FORM OF ACTS

Endorsement of assent

59.1.

(1) The Clerk shall endorse on every Act, immediately after the title, the date on which the Act was assented to by the Commissioner.

Part of Act

(2) An endorsement made under subsection (1) is part of the Act. SNWT 2017,c.19,s.43.

Custody of Acts

59.2.

The original copies of all Acts passed by the Legislative Assembly are to remain in the custody of the Clerk. SNWT 2017,c.19,s.43.

Certified copies of Acts

59.3.

(1) The Clerk shall affix the Seal to certified copies of each Act

(a) intended for transmission to the Governor in Council; or

(b) required to be produced in court.

Evidence of Acts

(2) A copy of an Act certified and sealed under subsection (1) shall be held to be evidence of the Act. SNWT 2017,c.19,s.43.

Request for certified copy

59.4.

The Clerk shall provide a certified copy of an Act to any person requesting it. SNWT 2017, c.19,s.43.

Certificate of Clerk

59.5.

The Clerk shall

(a) place at the foot of each copy of an Act required to be certified, a written certificate signed and authenticated by the Clerk to the effect that it is a true copy; and

(b) in the case of an Act disallowed after it came into force, add to the certificate the following words:

"This Act disallowed by the Governor in Council on ............ ........ ...........". (month) (day) (year)

SNWT 2017,c.19,s.43.

PART 2

EXECUTIVE COUNCIL

Definition: "department"

60.

In this Part, "department" means a department, secretariat, agency, board or corporation of the Government of the Northwest Territories.

Executive Council

61.

(1) The Executive Council of the Northwest Territories is composed of the following members:

(a) a Premier chosen by the Legislative Assembly;

(b) persons appointed by the Commissioner on the recommendation of the Legislative Assembly.

Appointment of Premier

(1.1) For greater certainty, the Premier chosen by the Legislative Assembly shall be appointed to the Executive Council by the Commissioner.

Tenure of office

(2) The members of the Executive Council appointed under subsection (1) or (1.1) hold office during the pleasure of the Legislative Assembly.

Resignation

(3) A member of the Executive Council may resign that office by delivering to the Speaker a written statement declaring his or her decision to resign, and the resignation is effective on that delivery. SNWT 2011,c.11,s.13; SNWT 2014,c.10,s.15(5); SNWT 2015,c.25,s.12.

Respon- sibility of Executive Council

62.

The Executive Council is responsible for the overall management and direction of the executive government of the Northwest Territories, including matters of policy.

Oath or affirmation of allegiance and office

63.

A member of the Executive Council appointed under subsection 61(1) or (1.1) shall, before assuming their office, take the Oath or Affirmation of Office in Form 4 of Schedule B, before the Commissioner. SNWT 2022,c.17,s.19.

Vacancy in office of Premier

64.

(1) If a vacancy occurs in the office of Premier by death, resignation or otherwise, the Legislative Assembly shall choose another of its members to be Premier.

Continuance of Premier in office

(2) The person who holds the office of Premier at the time of a dissolution of the Legislative Assembly continues to hold the office of Premier until the next Premier is chosen at the first sitting of the next Legislative Assembly. SNWT 2006,c.22,s.28.

Deputy Premier

65.

(1) The Commissioner, on the advice of the Premier, may appoint under the Seal, from among the members of the Executive Council, a Deputy Premier who holds office during pleasure.

Vacancy in office of Premier

(2) Where the office of Premier is vacant, the Deputy Premier may exercise the powers and shall perform the duties of the Premier until a new Premier is elected by the Legislative Assembly.

Absence of Premier

(3) Where the Premier is absent or unable to act, the Deputy Premier may exercise the powers and shall perform the duties of the Premier.

Designation of Minister

(4) Where both the Premier and the Deputy Premier are or expect to be absent or unable to act, the Premier or the Deputy Premier may designate a Minister to exercise the powers and perform the duties of the Premier until either the Premier or Deputy Premier, as the case may be, returns or is able to act.

Validity of acts done

(5) All acts done under this section by the Deputy Premier or a designated Minister have the same effect as if done by the Premier.

Ministers

66.

(1) The Commissioner, on the advice of the Premier, may appoint under the Seal, from among the members of the Executive Council, the Ministers of the executive government.

Tenure of office

(2) The Ministers appointed under subsection (1) hold office during pleasure.

Revocation

(3) The Commissioner may, on the advice of the Premier, revoke an appointment of a member of the Executive Council as a Minister under subsection (1). SNWT 2015,c.25,s.13.

Additional departments or titles

67.

A member of the Executive Council may be appointed to have authority over more than one department or to hold more than one title. SNWT 2015,c.25,s.14.

Responsibility of Minister

68.

A Minister has responsibility for all matters arising within a department over which the Minister has authority.

Continuance of Executive Council and Ministers in

69.

A person, other than the Premier, who is a member of the Executive Council at the time of the dissolution of the Legislative Assembly continues

(a) to be a member of the Executive Council, and

(b) to hold the office of the Deputy Premier or Minister, as the case may be, if the person holds such office at that time,

until the beginning of the first day of sitting of the next Legislative Assembly, unless the person’s appointment or appointments are earlier revoked. SNWT 2006, c.22,s.29.

Committees

70.

The Executive Council may establish such committees of the Executive Council to aid and advise in the executive government as it considers advisable.

70.1.

Repealed, SNWT 2011,c.11,s.14.

Agreements

71.

A Minister may enter into agreements for or on behalf of

(a) a department over which the Minister has authority; or

(b) the Government of the Northwest Territories.

SNWT 2014,c.10,s.15(6).

Privileges and powers of executive government

72.

This Part shall not be construed to be exhaustive of the privileges, capacities, rights, functions, powers and duties of the executive government.

PART 3

CONFLICT OF INTEREST

Definitions

73.

(1) In this Part,

"Code of Conduct" means a code of conduct adopted under section 74.1; (code de conduite)

"department" means a department as defined in the Financial Administration Act and a public agency as defined in the Financial Administration Act; (ministère)

"dependent child" means the natural child, stepchild or adopted child of the member who

(a) is less than 19 years of age and resides with the member,

(b) would qualify for a tax credit pursuant to section 118.3 of the Income Tax Act (Canada) for a mental and physical impairment and who is dependent on the member for the necessities of life, or

(c) is at least 19 years of age, but is less than 25 years of age, and is in full-time attendance at a school or university, having been in full-time attendance substantially without interruption since the child reached 19 years of age; (enfant à charge)

"Integrity Commissioner" means the Integrity Commissioner appointed under section 91, an acting Integrity Commissioner appointed under section 93, or a special Integrity Commissioner appointed under section 94, as the case may be; (commissaire à l’intégrité)

"Minister" includes the Premier; (ministre)

"Sole Adjudicator" means a Sole Adjudicator appointed under section 103. (arbitre unique)

Beneficial ownership

(2) For the purposes of this Part, a person or group of persons is the beneficial owner

(a) of a revocable trust, if that person or group of persons are trustees, settlors or known beneficiaries of the trust;

(b) of an irrevocable trust, if that person or group of persons are trustees or known beneficiaries of the trust;

(c) of a corporation, if that person or group of persons directly or indirectly owns, controls or exercises discretion over shares of the corporation

(i) carrying more than 10% of the voting rights attached to all outstanding shares of the corporation, or

(ii) representing more than 10% of the fair market value of all outstanding shares of the corporation; or

(d) of a partnership, or any entity other than a corporation or a trust, if that person or group of persons directly or indirectly owns, controls or exercises discretion over more than 10% of the fair market value of the entity.

SNWT 2006,c.22,s.30; SNWT 2019,c.22,s.3.

Conflict of interest

74.

(1) For the purposes of this Part, a member has a conflict of interest when

(a) the member exercises an official power or performs an official duty or function in the execution of his or her office and at the same time knows or reasonably should know that the performance of the duty or function or the exercise of the power may further the member’s private interests or the private interests of his or her spouse or dependent child; or

(b) the member fails to exercise an official power or perform an official duty or function in the execution of his or her office and at the same time knows or reasonably should know that the failure to perform the duty or function or to exercise the power may further the member’s private interests or the private interests of his or her spouse or dependent child.

Exception

(2) A member does not have a conflict of interest under subsection (1) in relation to an interest that

(a) benefits the member or his or her spouse or dependent child as one of a broad class of persons;

(b) is conferred as

(i) an indemnity, allowance or reimbursement for an expense paid to members under this Act, or

(ii) an allowance or benefit paid to recipients under the Legislative Assembly Retiring Allowances Act or the Supplementary Retiring Allowances Act;

(c) is an exempt interest under subsection (3) of the member or of his or her spouse or dependent child; or

(d) is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the member in the performance of his or her duties of office.

Exempt interests

(3) An interest in any of the following is an exempt interest for the purposes of paragraph (2)(c):

(a) assets, liabilities and financial interests having a value of less than $10,000;

(b) a source of income that pays less than $1,000 in a 12-month period;

(c) cash on hand or on deposit with a bank, trust company, credit union or other financial institution in Canada that is lawfully entitled to accept deposits;

(d) personal property used for transportation or for household, educational, recreational, social or aesthetic purposes;

(e) bonds, investments and securities of fixed value issued or guaranteed by any government in Canada or by an agency of any such government;

(f) an investment in open-ended mutual funds;

(g) guaranteed investment certificates or other similar financial instruments;

(h) annuities and life insurance policies;

(i) any registered retirement savings plan, pension plan or employee benefit plan that is not self-administered;

(j) pension rights;

(k) support payments;

(l) a liability to a financial institution referred to in paragraph (c), where the liability relates to assets referred to in paragraphs (d) to (j).

SNWT 2019,c.22,s.4; SNWT 2023,c.7,s.24.

SNWT 2019,c.22,s.5.

CODE OF CONDUCT

Code of Conduct

74.1.

(1) The Legislative Assembly shall, by motion, adopt a Code of Conduct that establishes standards for the conduct of members.

Continuing effect

(2) A Code of Conduct adopted under subsection (1) remains in force until it is amended or replaced in accordance with this section. SNWT 2019,c.22,s.5.

OBLIGATIONS OF MEMBERS

Obligations of members

75.

Each member shall

(a) comply with the provisions of this Act and the Code of Conduct;

(b) perform the member’s duties of office and arrange his or her private affairs in such a manner as to maintain public confidence and trust in the integrity, objectivity and impartiality of the member;

(c) arrange the member’s private affairs in conformity with the provisions of this Part, and act generally to prevent any conflict of interest from arising;

(d) make all reasonable efforts to resolve any conflict of interest that may arise in favour of the public interest; and

(e) in all other respects, act in a manner that will bear the closest public scrutiny.

SNWT 2019,c.22,s.6.

Insider information

76.

(1) A member shall not use or share information that is gained in the execution of an office of the member and that is not available to the general public to further or seek to further, directly or indirectly, the private interests of the member or of his or her spouse or dependent child.

Influence

(2) A member shall not use an office of the member to seek to influence a decision made by another person to further the private interests of the member or of his or her spouse or dependent child.

Withdrawal from meeting by member

77.

(1) A member who has a conflict of interest in a matter that is before the Legislative Assembly, the Board of Management or the Executive Council, or before a committee of the Legislative Assembly or the Executive Council, shall, if present at a meeting considering the matter,

(a) disclose the general nature of the conflict of interest; and

(b) withdraw from the meeting without voting or participating in the consideration of the matter.

Disclosure by Speaker

(2) Where the Speaker has a conflict of interest in any matter relating to the performance of his or her duties as Speaker, he or she shall

(a) disclose the general nature of the conflict of interest to the Board of Management;

(b) delegate to the Deputy Speaker the responsibility to perform the duties of the Speaker in respect of the matter; and

(c) refrain at all times from attempting to influence any decision in respect of the matter.

Disclosure by Premier

(3) Where the Premier has a conflict of interest in any matter relating to the performance of his or her duties as Premier, he or she shall

(a) disclose the general nature of the conflict of interest to the Executive Council;

(b) delegate to a Minister designated by the Deputy Premier the responsibility to perform his or her duties in respect of the matter; and

(c) refrain at all times from attempting to influence any decision in respect of the matter.

Disclosure by Minister

(4) A Minister, other than the Premier, who has a conflict of interest in any matter relating to the performance of his or her duties as Minister shall

(a) disclose the general nature of the conflict of interest to the Executive Council;

(b) delegate to a Minister designated by the Premier the responsibility to perform his or her duties in respect of the matter; and

(c) refrain at all times from attempting to influence any decision in respect of the matter.

SNWT 2006,c.22,s.31.

Lobbying

78.

A member shall not make representations for remuneration on behalf of any person, with respect to

(a) the awarding of a contract by the Government of the Northwest Territories or a department;

(b) the extension of a benefit to a person by the Government of the Northwest Territories or a department; or

(c) any other matter that relates directly or indirectly to the performance of the duties of office of the member.

CONTRACTS AND FINANCIAL INTERESTS

Members

SNWT 2011,c.11,s.15

Contracts

79.

(1) Subject to sections 84 and 85, the following persons shall not hold or enter into any contract with the Government of the Northwest Territories or with a department:

(a) a member;

(b) an entity for which the member is a beneficial owner;

(c) an entity for which an entity referred to in paragraph (b) is a beneficial owner singly or collectively with the member or any other entity referred to in paragraph (b).

Contracts held by spouse or dependent children

(2) A spouse or dependent child of a member may hold or enter into a contract with the Government of the Northwest Territories or a department other than a contract for or on behalf of the member.

Time for compliance

(3) Within 90 days after the commencement of the first sitting of the Legislative Assembly after the election of a member, he or she shall ensure that his or her personal affairs are so arranged that there is no contravention of this section. SNWT 2006,c.22, s.32; SNWT 2011,c.11,s.16; SNWT 2015,c.25, s.15; SNWT 2019,c.22,s.7,8.

Disclosure report

80.

(1) A member shall file a disclosure report with the Integrity Commissioner where a contract is held or entered into between the Government of the Northwest Territories or a department and

(a) an entity for which the member is a beneficial owner; or

(b) an entity for which an entity referred to in paragraph (a) is a beneficial owner singly or collectively with the member or any other entity referred to in paragraph (a).

Content and time of filing of disclosure report

(2) A disclosure report filed under subsection (1) must

(a) indicate the nature and value of the contract and the circumstances under which the contract was entered into; and

(b) be filed

(i) within 90 days after the commencement of the first sitting of the Legislative Assembly after the election of the member to the Legislative Assembly, where the member holds the contract at the commencement of that sitting, or

(ii) within 30 days after the entering into of a contract, where the contract is entered into after the commencement of the sitting referred to in subparagraph (I).

SNWT 2006,c.22,s.33; SNWT 2019,c.22, s.8,9(1),9.1.

Outside interests

81.

(1) The Speaker or a Minister shall not, except as may be required as a duty of office,

(a) engage in employment or in the practice of a profession;

(b) carry on a business, other than managing routine personal financial interests; or

(c) hold an office or directorship in any organization other than a social club, religious organization or political party.

Spouse or dependent children of Speaker or Minister

(2) The Speaker or a Minister shall ensure that his or her spouse or dependent children do not hold or enter into a contract, including a contract of employment, with any department for which the Speaker or Minister is responsible.

Corporation controlled by Speaker or Minister

(3) The Speaker or a Minister shall ensure that no contract is held or entered into between a department for which he or she is responsible and

(a) an entity for which the Speaker or Minister, or his or her spouse or dependent children, individually or collectively, are a beneficial owner; or

(b) an entity for which an entity referred to in paragraph (a) is a beneficial owner singly or collectively with the Speaker or Minister, or his or her spouse or dependent children or any other entity referred to in paragraph (a).

Time for compliance

(4) Within 90 days after being elected as Speaker or appointed as a Minister, the Speaker or Minister shall ensure that his or her personal affairs are so arranged that there is no contravention of this section. SNWT 2019,c.22,s.8,9.2.

Trust

82.

(1) The Speaker or a Minister may comply with the requirements of paragraph 81(1)(b) by entrusting his or her business to one or more trustees if

(a) the provisions of the trust have been approved by the Integrity Commissioner;

(b) the trustees are persons who are at arm’s length from the Speaker or Minister and have been approved by the Integrity Commissioner; and

(c) the trustees only consult with the Speaker or Minister with respect to the management of the trust property in accordance with the provisions of the trust as approved by the Integrity Commissioner or as otherwise directed by the Integrity Commissioner.

Exempt contract

(2) Subsection 81(3) does not apply to a contract between a department for which the Speaker or a Minister is responsible and a corporation any of the shares of which are held in a trust described in subsection (1). SNWT 2019,c.22,s.9(1),10.

Former Members

Definition: "transition period"

83.

For the purposes of sections 83.1 to 83.5, "transition period" means

(a) in respect of a former member who served as Speaker or as a Minister within 12 months before ceasing to hold office as a member, the 12 months after the member ceases to hold office; and

(b) in respect of any other former member, the four months after the member ceases to hold office.

SNWT 2019,c.22,s.10.1.

Contracts held by former members

83.1.

Subject to section 85, a former member shall not hold or enter into any contract, including a contract of employment, with the Government of the Northwest Territories or with a department during the transition period. SNWT 2011,c.11,s.17.

Corporation controlled by former member

83.2.

Subject to section 85, a former member shall ensure that, during the transition period, no contract is held or entered into between the Government of the Northwest Territories or with a department and

(a) an entity for which the former member is a beneficial owner; or

(b) an entity for which an entity referred to in paragraph (a) is a beneficial owner.

SNWT 2011,c.11,s.17; SNWT 2019,c.22,s.10.2.

Lobbying by former members

83.3.

Subject to section 85, during the transition period a former member shall not, for remuneration, make representations on behalf of any person with respect to the following:

(a) the awarding of a contract by the Government of the Northwest Territories or a department;

(b) the extension of a benefit to a person by the Government of the Northwest Territories or a department;

(c) any other matter that relates directly or indirectly to the former member’s performance of the duties of office.

SNWT 2011,c.11,s.17.

Contracts held by former Speaker or Minister

83.4.

(1) Subject to subsection (2) and section 85, where a former member served as Speaker or as a Minister within 12 months before ceasing to hold office as a member, the former member shall not, during the transition period,

(a) hold or enter into any contract or accept any benefit from any entity with which the former member had significant official dealings during the 12 months before he or she ceased to hold office; or

(b) accept employment with a person or entity, or appointment to the board of directors or equivalent body of an entity, with which the former member had significant official dealings during the 12 months before he or she ceased to hold office.

Exceptions

(2) Subsection (1) does not apply to

(a) any contract, benefit, employment or appointment that is the result of an election process with an Indigenous organization, municipal council or District Education Authority;

(b) any benefit that the former member is entitled to receive as one of a broad class of persons;

(c) employment involving a profession or trade;

(d) unpaid work, including unpaid work that provides for daily expense allowances, with a non-government body or non-profit organization; and

(e) any contract, benefit, employment or appointment that the Integrity Commissioner approves under section 85.

SNWT 2011,c.11,s.17; SNWT 2019,c.22, s.9(1),11,

Effect of vacancy

12.

Federal appointments: former Speaker or Minister

83.5.

(1) Subject to section 85, where a former member served as Speaker or as a Minister within 12 months before ceasing to hold office as a member, the former member shall not, during the transition period, accept an appointment to a board of directors, or equivalent body, of a federal entity with which the former member had significant official dealings during the 12 months before he or she ceased to hold office.

Exceptions

(2) Subsection (1) does not apply to

(a) any appointment that is the result of an election process with an Indigenous organization;

(b) unpaid work, including unpaid work that provides for daily expense allowances, with a non-government body or non-profit organization; and

(c) any appointment that the Integrity Commissioner approves under section 85.

SNWT 2011,c.11,s.17; SNWT 2019,c.22, s.9(1),12.

Offence

83.6.

(1) A former member who contravenes sections 83.1 to 83.5 is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding $25,000.

Defence

(2) A former member is not guilty of an offence under this section if

(a) he or she establishes that the contravention was minor or was committed through inadvertence or by reason of an error in judgment made in good faith;

(b) an exemption under section 84 applies; or

(c) the Integrity Commissioner authorizes the appointment, benefit, contract, employment or activity under section 85.

SNWT 2011,c.11,s.17; SNWT 2019,c.22,s.9(1).

Definition: government decision

83.7.

(1) For the purposes of this section, "government decision maker" means,

(a) the Executive Council or a member of the Executive Council;

(b) the Board of Management or the Speaker; or

(c) an employee of a department.

Limitations on government decision makers

(2) No government decision maker shall knowingly award or enter into a contract of employment or any other contract with a former member, grant any benefit to a former member or make any appointment of a former member, that is prohibited by sections 83.1 to 83.4. SNWT 2011, c.11,s.17.

EXEMPTIONS AND AUTHORIZATIONS

SNWT 2011,c.11,s.18

Exempt contracts

84.

(1) Sections 79 and 80 do not apply to a contract for the provision to the member or to his or her spouse or dependent child of

(a) accommodation; or

(b) any service, commodity, subsidy, loan or other benefit that the member, spouse or dependent child is entitled to receive as one of a broad class of persons.

Exempt contracts for public services or for limited consideration

(3) Sections 79 and 80 do not apply to a contract

(a) where the value of any consideration to be received under the contract from the Government of the Northwest Territories or a department does not exceed $1000; or

(b) for the provision of services routinely required by individual members of the public.

Exception

(4) Sections 83.1 to 83.5 do not apply to

(a) any contract, service, commodity, subsidy, loan or other benefit that the former member is entitled to receive as one of a broad class of persons; and

(b) any contract or benefit where the value to be received by the former member does not exceed $5,000.

SNWT 2011,c.11,s.19; SNWT 2019,c.22,s.13.

Application by member for authorization of contract

85.

(1) The following persons may apply to the Integrity Commissioner for authorization to accept a contract that the person would otherwise be prohibited from accepting under subsection 79(1):

(a) a member;

(b) an entity for which a member is a beneficial owner;

(c) an entity for which an entity referred to in paragraph (b) is a beneficial owner singly or collectively with the member or any other entity referred to in paragraph (b).

Application by Speaker or Minister for authorization of contract

(2) The Speaker or a Minister may apply to the Integrity Commissioner for authorization for a corporation referred to in paragraph 81(3)(a) or (b) to accept a contract that the Speaker or Minister would otherwise, by operation of subsection 81(3), have to ensure was not entered into by the corporation.

Application by former member

(3) A former member to whom any of sections 83.1 to 83.5 are applicable may apply to the Integrity Commissioner for authorization to accept an appointment, benefit, contract or employment, or to engage in an activity, that the former member is otherwise prohibited from accepting or engaging in by operation of those sections.

Authorization

(4) On an application under subsection (1), (2) or (3), the Integrity Commissioner may authorize the member, corporation or former member to accept the appointment, benefit, contract or employment, or to engage in the activity, subject to such conditions as the Integrity Commissioner considers appropriate to impose, if the Integrity Commissioner is satisfied that

(a) the consideration and terms of the contract are fair and reasonable; and

(b) it is not contrary to the public interest to authorize the member, corporation or former member to accept the appointment, benefit, contract or employment or to engage in the activity.

Compliance with conditions

(5) A member, corporation or former member authorized to accept an appointment, benefit, contract or employment, or to engage in an activity under subsection (4), shall comply with any conditions imposed by the Integrity Commissioner. SNWT 2011,c.11,s.20; SNWT 2015,c.25,s.16; SNWT 2019,c.22,s.9(1),14.

GIFTS AND BENEFITS

Remuneration, gifts and benefits

86.

(1) Subject to subsections (2) and (6), a member shall not accept any remuneration, gift or personal benefit, except compensation authorized by law, that is connected directly or indirectly with the performance of the member’s duties of office.

Exception

(2) Subsection (1) does not apply to

(a) a gift or personal benefit that is received as an incident of the protocol or social obligations that normally accompany the responsibilities of office; or

(b) a gift or personal benefit that has been approved by the Integrity Commissioner.

Gift is property of office

(3) Subject to subsection (6), any gift referred to in subsection (2) having a value exceeding $400

(a) is the property of the Legislative Assembly or the Government of the Northwest Territories and may be used or disposed of in accordance with any applicable policy of the Legislative Assembly or the Government of the Northwest Territories, as the case may be; and

(b) shall not be retained by the member at the expiry of the member’s term of office.

Disclosure of gift or personal benefit

(4) Where a member receives a gift or personal benefit referred to in subsection (2) having a value exceeding $400, the member shall, within 30 days after receiving the gift or personal benefit, file with the Integrity Commissioner a disclosure report indicating

(a) a description of the gift or personal benefit;

(b) the source of the gift or personal benefit;

(c) the value of the gift or personal benefit; and

(d) the circumstances under which the gift or personal benefit was given or accepted.

Multiple gifts or personal benefits

(5) Where in any year the member receives from one source, two or more gifts or personal benefits each having a value less than $400, the member shall, if the aggregate value of the gifts or personal benefits received in the year exceeds $400, file with the Integrity Commissioner within 30 days after the end of the year a disclosure report indicating the nature and source of the gifts or personal benefits and the circumstances under which they were received.

Purchase of gifts or payment for personal benefits

(6) The Integrity Commissioner may approve

(a) the purchase by a member for fair market value of a gift received by the member; or

(b) the payment by a member of the fair market value of a personal benefit received by the member.

SNWT 2019,c.22,s.15.

DISCLOSURE

Disclosure statement

87.

(1) A member shall file with the Integrity Commissioner a disclosure statement in a form established by the Integrity Commissioner, within 90 days after

(a) the commencement of the first sitting of the Legislative Assembly after the election of the member; and

(b) each anniversary of the day referred to in paragraph (a).

Content of disclosure statement

(2) A disclosure statement must contain a report of

(a) the source and amount of any income received by the member and his or her spouse and dependent children

(i) in the 12 months preceding the filing of a disclosure statement under paragraph (1)(a), in the case of a disclosure statement filed under paragraph (1)(a), or

(ii) for the period following the filing of the previous disclosure statement, in the case of a disclosure statement filed under paragraph (1)(b);

(b) all assets, liabilities and financial interests of the member and his or her spouse and dependent children; and

(c) all interests of the member and his or her spouse and dependent children in a trust, corporation, partnership or similar entity, including a statement identifying

(i) an entity for which the member, spouse and dependent children are individually or collectively beneficial owners, and

(ii) an entity for which an entity referred to in subparagraph (i) is a beneficial owner singly or collectively with the member, spouse and dependent children and any other entity referred to in subparagraph (i).

Supplemental disclosure statement

(3) Where, after the filing of a disclosure statement and before the filing of the next subsequent disclosure statement, a member or his or her spouse or dependent child

(a) acquires a new source of income,

(b) acquires or disposes of an asset or financial interest referred to in paragraph (2)(b),

(c) incurs or discharges a liability referred to in paragraph (2)(b), or

(d) acquires or disposes of an interest in a corporation or partnership referred to in paragraph (2)(c),

the member shall, within 90 days after such occurance, file with the Integrity Commissioner a supplemental disclosure statement that contains a report of the acquisition of the new source of income, the acquisition or disposition of the asset, financial interest or interest, or of the incurring and discharge of the liability.

Exception

(4) Notwithstanding subsections (2) and (3), a disclosure statement or supplemental disclosure statement need not contain a report of

(a) any interest in real property that is primarily for the residential or recreational use of the member or of his or her spouse or dependent child; or

(b) an exempt interest within the meaning of subsection 74(3).

Confidentiality of disclosure statement and supplemental disclosure statement

(5) A disclosure statement or supplemental disclosure statement is confidential, and subject to section 89 and subsections 105(1) and 109(2), the Integrity Commissioner

(a) shall not make a disclosure statement or supplemental disclosure statement filed with the Integrity Commissioner available for inspection by any person other than the member who filed the statement; and

(b) shall not reveal the contents of a disclosure statement or supplemental disclosure statement to any person other than the member who filed the statement.

SNWT 2006,c.22,s.34; SNWT 2019,c.22, s.8,9(1),15.1.

Meeting with Integrity Commissioner

88.

After filing a disclosure statement, a member shall, as soon as is reasonably practicable, meet with the Integrity Commissioner to ensure that adequate disclosure has been made and to obtain advice from the Integrity Commissioner with respect to the member’s obligations under this Part. SNWT 2019,c.22,s.9(1).

Public disclosure statement

89.

(1) The Integrity Commissioner shall prepare a public disclosure statement containing all information provided by a member under sections 80, 86 and 87 except

(a) the amount of the income of the member or of his or her spouse or dependent children reported under paragraph 87(2)(a);

(b) the value of the assets, liabilities and financial interests reported under paragraph 87(2)(b); and

(c) the value of any interest in a corporation or partnership reported under paragraph 87(2)(c).

Supplemental public disclosure statement

(2) The Integrity Commissioner shall, on receiving a supplemental disclosure statement filed under subsection 87(3), prepare a supplemental public disclosure statement containing all information provided by the member except information that would be excluded from a public disclosure statement under subsection (1).

Register

(3) The Integrity Commissioner shall prepare and publish on a website maintained by the Legislative Assembly a register containing

(a) public disclosure statements and supplemental public disclosure statements prepared under this section;

(b) annual reports prepared under subsection 99(1);

(c) any reports of late filing or non-filing of disclosure statements prepared under subsection 99(2);

(d) any reports prepared under subsection 102(3);

(e) any reports of Sole Adjudicators under subsection 106(1); and

(f) any other information the Integrity Commissioner considers necessary.

SNWT 2019,c.22,s.9(1),15.2; SNWT 2022,c.17,s.20.

Fine for failure to file disclosure statement

89.1.

If a member contravenes section 87 by not filing their disclosure statement or supplementary disclosure statement on time, the Integrity Commissioner may impose a fine in the prescribed amount. SNWT 2022,c.17,s.21.

Destruction of disclosure documents

90.

Six years after a member ceases to be a member, the Integrity Commissioner shall destroy any disclosure report filed by the former member under section 80 or 86, any disclosure statement or supplemental disclosure statement filed by the former member under section 87 and any public disclosure statement or supplemental public disclosure statement, unless the Integrity Commissioner has knowledge of

(a) an ongoing proceeding in respect of the former member under this Part; or

(b) a charge laid against any person under an Act of the Northwest Territories or Canada to which such document may relate.

SNWT 2013,c.21,s.2; SNWT 2019,c.22,s.9(1).

SNWT 2019,c.22,s.16.

INTEGRITY COMMISSIONER

Appointment of Integrity Commissioner

91.

(1) The Commissioner, on the recommendation of the Legislative Assembly, shall appoint an Integrity Commissioner as an officer of the Legislative Assembly who is responsible for exercising the powers and performing the duties set out in this Act.

Not in public service

(2) The Integrity Commissioner is not a member of the public service.

Term of office

(3) Subject to section 92, the Integrity Commissioner holds office during good behaviour for a term of four years and may be reappointed for subsequent terms.

Continuation after expiry of term

(4) A person holding office as Integrity Commissioner continues to hold office after the expiry of the person’s term of office, until

(a) the person is reappointed;

(b) a successor is appointed; or

(c) a period of six months has elapsed after the expiry.

SNWT 2019,c.22,s.16; SNWT 2020,c.13,s.5(2), (3),(4); SNWT 2024,c.9,s.14.

Resignation

92.

(1) The Integrity Commissioner may resign at any time by notifying the Speaker in writing or, if the Speaker is absent or unable to act or the office of Speaker is vacant, by so notifying the Clerk.

Removal for cause or incapacity

(2) The Commissioner, on the recommendation of the Legislative Assembly, may, for cause or incapacity, suspend the Integrity Commissioner or remove the Integrity Commissioner from office.

Suspension when Legislative Assembly not sitting

(3) If the Legislative Assembly is not sitting, the Speaker, on the recommendation of the Board of Management, may suspend the Integrity Commissioner for cause or incapacity, and the suspension remains in effect until the earliest of the following occurs:

(a) the conclusion of the next sitting of the Legislative Assembly;

(b) the Legislative Assembly revokes the suspension or removes the Integrity Commissioner from office.

SNWT 2019,c.22,s.16; SNWT 2020,c.13,s.5(5).

Acting Integrity Commissioner due to suspension or removal

93.

(1) If the Integrity Commissioner is suspended or removed under subsection 92(2), the Commissioner, on the recommendation of the Legislative Assembly, shall appoint an acting Integrity Commissioner to hold office until the earliest of the following occurs:

(a) the suspension is revoked by the Legislative Assembly;

(b) a person is appointed as Integrity Commissioner under subsection 91(1).

Acting Integrity Commissioner when Legislative Assembly not sitting

(2) If the Integrity Commissioner is suspended under subsection 92(3), the Speaker, on the recommendation of the Board of Management, shall appoint an acting Integrity Commissioner to hold office until the earliest of the following occurs:

(a) the suspension is revoked by the Legislative Assembly;

(b) the Integrity Commissioner is removed from office by the Legislative Assembly under subsection 92(2) and a person is appointed as Integrity Commissioner under subsection 91(1).

Acting Integrity Commissioner due to resignation or absence

(3) If the Integrity Commissioner has resigned or is temporarily absent or unable to perform the duties of the Integrity Commissioner, the Speaker, on the recommendation of the Board of Management, may appoint an acting Integrity Commissioner to hold office until the earliest of the following occurs:

(a) the Integrity Commissioner is able to act or is no longer absent;

(b) a person is appointed as Integrity Commissioner under subsection 91(1).

Resignation, suspension, or removal of acting Integrity Commissioner

(4) Section 92 and subsections 93(1) to (3) apply with such modifications as the circumstances require to an acting Integrity Commissioner appointed under this section.

Subsequent appointment

(5) An appointment as acting Integrity Commissioner does not preclude a person from subsequently being appointed as Integrity Commissioner under subsection 91(1). SNWT 2020,c.13,s.5(6).

Special Integrity Commissioner

94.

(1) Where, for any reason, the Integrity Commissioner determines that he or she should not act in respect of any particular matter under this Part or the Code of Conduct, the Speaker, on the recommendation of the Board of Management, may appoint a special Integrity Commissioner to act in the place of the Integrity Commissioner in respect of that matter.

Term

(2) A special Integrity Commissioner holds office until the conclusion of the matter in respect of which he or she has been appointed. SNWT 2019,c.22, s.16; SNWT 2020,c.13,s.5(7).

Honorarium, travel and

94.1.

The Integrity Commissioner shall be

(a) paid an honorarium as determined by the Board of Management; and

(b) reimbursed for travel and other expenses incurred in the performance of the duties of the Integrity Commissioner, similar to the types and rates set out in Government of the Northwest Territories policies and guidelines applicable to such expenses.

SNWT 2020,c.13,s.5(8).

Other employment

94.2.

(1) The Integrity Commissioner may not hold any position as a member of the public service.

Ineligibility

(2) The Integrity Commissioner is not eligible to be nominated for election, to be elected or to sit as a member. SNWT 2020,c.13,s.5(8); SNWT 2022, c.17,s.5.

Engaging services

94.3.

The Integrity Commissioner may, from time to time, engage the services of any person whom the Integrity Commissioner considers necessary to assist in carrying out the duties of the Integrity Commissioner. SNWT 2020,c.13,s.5(8).

Oath

95.

(1) Before undertaking the duties of office, the Integrity Commissioner shall take an oath, before either the Speaker or Clerk, to faithfully and impartially perform the duties of the office and not to disclose any confidential information received by the Integrity Commissioner under this Part or the Code of Conduct, except in accordance with this Part.

Oath: contractors

(2) The Integrity Commissioner may require a person engaged under section 94.3 to take an oath, administered by the Integrity Commissioner, undertaking to not disclose any information received by that person under this Act except in accordance with this Act.

Form of oaths

(3) The form of oaths required under this section shall be determined by the Speaker. SNWT 2019,c.22,s.16; SNWT 2020,c.13,s.5(9).

Liability

96.

The Integrity Commissioner is not liable for loss or damage caused by anything done or not done in good faith in the performance of the duties or in the exercise of the powers of the Integrity Commissioner. SNWT 2019,c.22,s.9(2).

Extension of time

97.

Where a provision of this Part requires a member to do anything within a specified period of time, the Integrity Commissioner may, on the written request of the member, extend that time by such additional number of days as the Integrity Commissioner considers to be reasonable in the circumstances. SNWT 2019,c.22,s.9(1).

Request by Speaker or Premier

97.1.

(1) The Speaker or the Premier may request the Integrity Commissioner to give written advice and recommendations on any matter respecting conflicts of interest or the administration of this Part or the Code of Conduct.

Confidentiality

(2) Information related to a request made by the Speaker or the Premier, and the advice and recommendations of the Integrity Commissioner, are confidential, but may be disclosed by or with the written consent of the Speaker or Premier, as the case may be. SNWT 2006,c.22,s.35; SNWT 2019, c.22,s.9(1),17.

Request for advice and recommen- dations

98.

(1) A member or former member may request the Integrity Commissioner to give written advice and recommendations on any matter respecting obligations of the member or former member under this Part or the Code of Conduct.

Statement of material facts

(2) A member or former member who makes a request under subsection (1) shall provide the Integrity Commissioner with a written statement of the material facts relevant to the request, and shall provide such further information as the Integrity Commissioner may request.

Inquiries

(3) The Integrity Commissioner may make such inquiries as he or she considers appropriate in order to provide the member or former member with advice and recommendations.

Confident- iality

(4) Information provided by a member or former member under subsection (2) and any advice and recommendations of the Integrity Commissioner are confidential, but may be disclosed by the member or former member or with his or her consent.

Compliance with advice and recom- mendations

(5) Where a member or former member has received the advice and recommendations of the Integrity Commissioner with respect to obligations of the member or former member under this Part or the Code of Conduct, no proceeding or prosecution shall be taken against the member or former member under this Part in respect of those obligations where the member or former member has

(a) communicated the material facts to the Integrity Commissioner; and

(b) complied with the advice and recommendations of the Integrity Commissioner.

SNWT 2011,c.11,s.22; SNWT 2019,c.22, s.9(1),17,18.

Annual report

99.

(1) No later than July 1 in each year, the Integrity Commissioner shall submit to the Speaker an annual report consisting of

(a) a statement identifying any member who has

(i) filed a disclosure statement or supplemental disclosure statement after the expiry of the time permitted for such filing in section 87 or, where an extension of time has been obtained under section 97, after the expiry of such extended period of time, or

(ii) failed to file a disclosure statement or supplemental disclosure statement before the annual report is submitted to the Speaker where the annual report is submitted to the Speaker after the expiry of the time permitted for such filing in section 87 or, where an extension of time has been obtained under section 97, after the expiry of such extended period of time;

(b) a statement

(i) identifying any member or former member who is authorized to accept a contract by the Integrity C ommi ssi o ne r under subsection 85(4), and

(ii) describing the nature of the contract and indicating any conditions imposed by the Integrity Commi ssi o ner under subsection 85(4);

(c) a statement identifying any member who obtains an extension of time under section 97 and indicating the requirement in respect of which the extension has been given;

(d) a statement identifying a member or former member who is the subject of a complaint dismissed by the Integrity C o m m i s s i o n e r u n d e r paragraph 102(2)(a), summarizing the grounds of the complaint and providing the reasons for its dismissal;

(e) a general summary of the activities of the Integrity Commissioner during the preceding year; and

(f) a statement identifying any recommended changes to this Act.

Report of late filing or non- filing of disclosure statement

(2) Notwithstanding paragraph (1)(a), the Integrity Commissioner may, at any time, submit to the Speaker a report identifying a member who has

(a) filed a disclosure statement or supplemental disclosure statement after the expiry of the time permitted for such filing in section 87 or, where an extension of time has been obtained under section 97, after the expiry of such extended period of time;

(b) failed to file a disclosure statement or supplemental disclosure statement before the report is submitted to the Speaker where the report is submitted after the expiry of the time permitted for such filing in section 87 or, where an extension of time has been obtained under section 97, after the expiry of such extended period of time; or

(c) been fined by the Integrity Commissioner under section 89.1.

Tabling of report

(3) The Speaker shall cause a report received under subsection (1) or (2) to be laid before the Legislative Assembly as soon as is reasonably practicable. SNWT 2002,c.20,s.8(3); SNWT 2011, c.11,s.22; SNWT 2019,c.22,s.9(1),18.1; SNWT 2020, c.13,s.5(10); SNWT 2022,c.17,s.22.

ENFORCEMENT

Former member

100.

(1) For the purposes of sections 100 to 109, a reference to "former member" means a former member who is accused of contravening any provision of this Part or the Code of Conduct while he or she was a member.

Complaint

(2) A member or any other person who believes on reasonable grounds that a member or former member has contravened any provision of this Part or the Code of Conduct may file a written complaint setting out those grounds with the Integrity Commissioner.

Oral complaint

(3) Notwithstanding subsection (2), the Integrity Commissioner may receive the oral complaint of a person who is not a member if the Integrity Commissioner considers it appropriate to do so.

Limitation period: complaint regarding former member

(4) A complaint may only be filed or received under subsection (2) or (3) with respect to a former member, within one year after the day the contravention is alleged to have been committed.

Limitation period: complaint regarding member

(5) A complaint may only be filed or received under subsection (2) or (3) with respect to a member,

(a) where the contravention is alleged to have been committed during the member’s present term, at any time before that term ends; or

(b) where the contravention is alleged to have been committed during a previous term of the member, within two years after the day the contravention is alleged to have been committed.

Jurisdiction of Integrity Commissioner

(6) For greater certainty, the Integrity Commissioner does not have jurisdiction to hear a complaint arising out of an alleged contravention of any of sections 83.1 to 83.5. SNWT 2011,c.11,s.24; SNWT 2019,c.22,s.9(1),17.

Investigation

101.

(1) The Integrity Commissioner shall, after giving reasonable notice to the member or former member complained of and the complainant, conduct an investigation into the complaint.

Powers of Integrity Commissioner in investigation

(2) During the conduct of an investigation, the Integrity Commissioner

(a) may refer to any disclosure report, disclosure statement or supplemental disclosure statement filed under this Part;

(b) has the powers of a Board under the Public Inquiries Act; and

(c) is not subject to technical rules of evidence.

Evidence of member

(3) The member or former member complained of shall not refuse to give evidence at the investigation. SNWT 2022,c.17,s.23.

Definition: alternative dispute resolution

102.

(1) In this section, "alternative dispute resolution process" includes mediation.

Duties of Integrity Commissioner after investigation

(2) After conducting an investigation under section 101, the Integrity Commissioner shall do any one of the following:

(a) dismiss the complaint, if the Integrity Commissioner determines that

(i) the complaint is frivolous or vexatious or was not made in good faith,

(ii) there are insufficient grounds to warrant an inquiry,

(iii) the complaint does not disclose a contravention of this Part or the Code of Conduct,

(iv) a contravention of this Part or the Code of Conduct was minor or was committed through inadvertence or by reason of an error in judgment made in good faith,

(v) the member or former member took all reasonable measures to prevent a contravention of this Part or the Code of Conduct, or

(vi) the public interest would not be served if the complaint proceeded to an inquiry before a Sole Adjudicator;

(b) refer the matter to an alternative dispute resolution process if the complaint is in respect of a breach of the Code of Conduct;

(c) find the member or former member to be guilty of contravening a provision of this Part or the Code of Conduct and recommend to the Legislative Assembly one or more punishments in accordance with subsection (6);

(d) direct that an inquiry be held before a Sole Adjudicator.

Reporting

(3) The Integrity Commissioner shall prepare a report of

(a) what option was chosen under subsection (2);

(b) the reasons for the choice; and

(c) what punishment is recommended under paragraph (2)(c), if applicable.

Distribution of report

(4) The Integrity Commissioner shall

(a) submit the report prepared under subsection (3) to the Speaker; and

(b) deliver a copy of the report to

(i) the member or former member,

(ii) the complainant,

(iii) each other member, and

(iv) the Clerk.

Laying report before Legislative Assembly

(5) The Speaker shall, at the first opportunity, lay a copy of the report before the Legislative Assembly.

Punishments

(6) Any punishment that the Integrity Commissioner recommends under paragraph (3)(c) must be the same as what the Sole Adjudicator may recommend under

(a) paragraph 106(1)(b) for a member; and

(b) paragraph 106(1)(c) for a former member.

If alternate dispute resolution process fails

(7) If the Integrity Commissioner concludes that an alternative dispute resolution process under paragraph (2)(b) does not result in a resolution of the complaint, the Integrity Commissioner shall

(a) note in the report that the alternative dispute resolution process did not result in a resolution of the complaint; and

(b) proceed as set out in paragraph (2)(a), (c) or (d).

Submissions as to costs

(8) The Integrity Commissioner may invite a party to a complaint or the Board of Management to make submissions, with respect to costs, before or after the submission of the report to the Speaker under subsection (4).

Supplemental report

(9) Where the Integrity Commissioner hears submissions on costs after they have submitted the report to the Speaker under subsection (4), the Integrity Commissioner shall submit a further report to the Speaker with a recommendation on costs. SNWT 2022,c.17,s.23.

Approval of Sole Adjudicators

103.

(1) The Legislative Assembly may, by motion, approve the following for appointment as Sole Adjudicators:

(a) judges or retired judges;

(b) persons who are currently or were formerly serving in a position equivalent to that of the Integrity Commissioner under the legislation of Canada, or a province or territory.

Appointment of Sole Adjudicator

(2) Where the Integrity Commissioner has directed the holding of an inquiry before a Sole Adjudicator, the Speaker, on the recommendation of the Board of Management, shall appoint as Sole Adjudicator a person approved for such appointment by the Legislative Assembly under subsection (1).

Appointment of Supreme Court judge as Sole Adjudicator

(3) Where there are no persons approved by the Legislative Assembly under subsection (1) or where no approved persons are available for appointment as Sole Adjudicator, the Speaker, on the recommendation of the Board of Management, shall appoint as Sole Adjudicator a judge of the Supreme Court designated for that purpose by the Chief Justice of the Supreme Court. SNWT 2018,c.18,s.12; SNWT 2019,c.22, s.9(1),19; SNWT 2020,c.13,s.5(11).

Hearing in public or private

104.

(1) The Sole Adjudicator shall determine whether any hearing in an inquiry shall be conducted in public or in private.

Release of evidence to public

(2) Where the Sole Adjudicator determines to hold any hearing in an inquiry in private, he or she may order that any evidence, including documents, and the transcript or recording of any oral evidence, be made public.

Powers of Sole Adjudicator

105.

(1) In the conduct of an inquiry, a Sole Adjudicator

(a) may refer to any disclosure report, disclosure statement or supplemental disclosure statement filed under this Part;

(b) has the powers of a Board under the Public Inquiries Act; and

(c) is not subject to technical rules of evidence.

Evidence of member

(2) The member or former member complained of may not refuse to give evidence at the inquiry. SNWT 2011,c.11,s.22; SNWT 2022,c.17,s.24.

Disposition of complaint

106.

(1) After conducting an inquiry, a Sole Adjudicator shall submit a disposition report, with reasons, to the Speaker, the member or former member complained of and the complainant, advising that

(a) the complaint is dismissed, where the Sole Adjudicator has determined

(i) that the complaint does not disclose a contravention of this Part or the Code of Conduct,

(ii) that a contravention of this Part or the Code of Conduct was minor or was committed through inadvertence or by reason of an error in judgment made in good faith, or

(iii) that the member or former member took all reasonable measures to prevent a contravention of this Part or the Code of Conduct;

(b) the Sole Adjudicator has found the member to be guilty of contravening a provision of this Part or the Code of Conduct, and is recommending to the Legislative Assembly that one or more of the following punishments be imposed:

(i) a reprimand,

(ii) a fine in an amount not exceeding $25,000 established by the Sole Adjudicator,

(iii) an order requiring the member to make restitution, in an amount determined by the Sole Adjudicator, to the Government of the Northwest Territories or to a public agency of the Government of the Northwest Territories, of any gain realized by the member or his or her spouse or dependent child by participating in a transaction in contravention of a provision of this Part,

(iv) an order requiring the member to pay compensation to any person for a loss suffered by that person as a result of the participation of the member or his or her spouse or dependent child in a transaction in contravention of a provision of this Part,

(v) a suspension for a period not exceeding 30 sitting days of the privileges of the member to sit in the Legislative Assembly,

(vi) a declaration that the seat of the member is vacant,

(vii) an order that the member pay costs in an amount determined by the Sole Adjudicator; or

(c) the Sole Adjudicator has found the former member to be guilty of contravening a provision of this Part or the Code of Conduct, and is imposing one or more of the following punishments:

(i) a fine in an amount not exceeding $25,000 established by the Sole Adjudicator,

(ii) an order requiring the former member to make restitution, in an amount determined by the Sole Adjudicator, to the Government of the Northwest Territories or to a public agency of the Government of the Northwest Territories, of any gain realized by the former member or his or her spouse or dependent child by participating in a transaction in contravention of a provision of this Part,

(iii) an order requiring the former member to pay compensation to any person for a loss suffered by that person as a result of the participation of the former member or his or her spouse or dependent child in a transaction in contravention of a provision of this this Part or the Code of Conduct,

(iv) an order that the former member pay costs in an amount determined by the Sole Adjudicator.

Submissions as to costs

(1.1) The Sole Adjudicator may invite a party to a complaint or the Board of Management to make submissions, with respect to costs, before or after the submission of the disposition report to the Speaker under subsection (1).

Supplemental report

(1.2) Where the Sole Adjudicator hears submissions on costs after they have submitted the disposition report to the Speaker under subsection (1), the Sole Adjudicator shall submit a further report to the Speaker with a recommendation on costs.

Delivery to members and Clerk

(2) The Speaker shall deliver a copy of the disposition report to each member, to the Integrity Commissioner and to the Clerk.

Availability of report to public

(3) The Clerk shall make copies of the disposition report available to the public at the office of the Clerk.

Laying report before Legislative Assembly

(4) The Speaker shall, at the first opportunity, lay a copy of the disposition report before the Legislative Assembly. SNWT 2006,c.22,s.37; SNWT 2011, c.11,s.25; SNWT 2019,c.22,s.17,20; SNWT 2022, c.17,s.5,25.

Consideration of report by Legislative Assembly:

107.

(1) The Legislative Assembly shall consider the following reports within 15 sitting days after the report has been laid before the Legislative Assembly:

(a) a report respecting a member or former member submitted by the Integrity Commissioner under subsection 102(5);

(b) a disposition report respecting a member or former member submitted by the Sole Adjudicator under paragraph 106(1)(b).

Disposition by Legislative Assembly

(2) The Legislative Assembly may order the imposition of the punishment recommended by the Integrity Commissioner or the Sole Adjudicator, or it may reject the recommendation. SNWT 2022, c.17,s.26.

Disposition of Sole Adjudicator binding: former members

107.1.

(1) Subject to section 107.2, a disposition report respecting a former member submitted by a Sole Adjudicator under paragraph 106(1)(c) is final and binding.

Filing of disposition report

(2) A disposition report respecting a former member may be filed with the Clerk of the Supreme Court.

Enforcement of disposition report

(3) A disposition report filed under subsection (2) may be enforced in the same manner as an order of the Supreme Court. SNWT 2011,c.11,s.27.

APPEAL

Appeal to Court of Appeal: former members

107.2.

(1) A former member whose conduct was inquired into, or the Speaker, may appeal to the Court of Appeal on a question of law from any finding or action taken by a Sole Adjudicator by filing notice of appeal with the Registrar of the Court of Appeal and serving notice on the Speaker or the former member within 30 days after the Sole Adjudicator submits his or her report or within such further time as the Court of Appeal may allow.

Procedure

(2) The procedure in an appeal shall, with such modifications as the circumstances require, be the same as that provided in the rules of the Court of Appeal respecting civil matters. SNWT 2011,c.11, s.27.

MISCELLANEOUS

Costs of member or former member complained of

108.

(1) The reasonable costs of a member or former member complained of pertaining to a complaint under this Part or the Code of Conduct shall be paid in the circumstances and to the extent provided for in a policy established by the Board of Management.

Costs of complainant

(2) The reasonable costs of a complainant pertaining to a complaint under this Part or the Code of Conduct shall be paid

(a) if an inquiry is directed to be held before a Sole Adjudicator and he or she considers that the costs of the complainant should be paid; and

(b) in the circumstances and to the extent provided for in a policy established by the Board of Management.

Tabling of policy: complainant costs

(3) The Speaker shall cause any policy established by the Board of Management under subsection (1) or (2) to be laid before the Legislative Assembly as soon as is reasonably practicable. SNWT 2011,c.11,s.28; SNWT 2019,c.22,s.17.

Confidentiality

109.

(1) Subject to the provisions of this Part, officers of the Legislative Assembly, the Integrity Commissioner, Sole Adjudicators and persons employed or engaged in the Office of the Legislative Assembly or by the Integrity Commissioner shall maintain the confidentiality of any confidential information received in the course of the administration of this Part or the Code of Conduct.

Exceptions

(2) Information to which subsection (1) applies may be disclosed

(a) to a member or former member who is the subject of proceedings under this Part;

(b) for the purposes of an inquiry under this Part; and

(c) in a criminal proceeding, as required by law.

SNWT 2011,c.11,s.22; SNWT 2019,c.22, s.9(1),21.

Authority of Premier

110.

Nothing in this Part or the Code of Conduct is to be construed so as to limit the authority of the Premier to require that Ministers comply with such additional restrictions and obligations respecting conflict of interest as may be established by directive of the Premier. SNWT 2019,c.22,s.17; SNWT 2022, c.17,s.27.

Proper exercise of functions of member

111.

Nothing in this Part or the Code of Conduct is to be construed so as to prevent or impede the proper exercise of a member’s functions as a member, including the ordinary and proper representation of members of the public. SNWT 2019,c.22,s.17; SNWT 2022,c.17,s.5,27.

Oath or affirmation

112.

Every person authorized by the Evidence Act to solemnly affirm instead of taking an oath may take solemn affirmations of allegiance, office and loyalty, in lieu of the oaths of allegiance, office and loyalty, and such solemn affirmations have the same effect as if given under oath. SNWT 2019,c.10,s.15.

Oath or affirmation

112.

- 118. Repealed, SNWT 2010,c.16,Sch.B, s.12.

or discipline members Oaths of office and allegiance

9.

HAY RIVER SOUTH

Consisting of all that portion of the Northwest Territories bounded as follows: Commencing at the intersection of the centreline of Dean Drive and the centreline of Poplar Road; thence southeasterly along the centreline of Poplar Road to its intersection with the centreline of Hay River Highway No. 2; thence northeasterly along the centreline of Hay River Highway No. 2 to its intersection with the centreline of Royal Road; thence southeasterly along the centreline of Royal Road to its intersection with the centreline of Woodland Drive; thence southwesterly along the centreline of Woodland Drive to its intersection with Riverview Drive; thence easterly in a straight line along the east/west portion of Riverview Drive and continuing in the easterly direction to its intersection with the eastern boundary of the Town of Hay River as described in the Town of Hay River Continuation Order (east bank of the main channel of the Hay River); thence southerly along that boundary to its intersection with the most northeastern corner of the boundary of the Hamlet of Enterprise as described in the Hamlet of Enterprise Establishment Order; thence west along that boundary to the southwest corner of the boundary of the Town of Hay River as described in the Town of Hay River Continuation Order; thence northeasterly and northwesterly along that boundary to the intersection of the 115 54 03 meridian of longitude and the 60 49 57 parallel of latitude; thence easterly in a straight line to the point of commencement.

Resignation of seat

10.

THEBACHA

Premising that the 60th parallel of latitude forms the boundary between the Northwest Territories and the Province of Alberta for description purposes.

Consisting of all that portion of the Northwest Territories bounded as follows: Commencing at the intersection of the 60th parallel of latitude and the 115th meridian of longitude; thence east along the 60th parallel of latitude to its intersection with the 109 40 meridian of longitude; thence north along the 109 40 meridian of longitude to its intersection with the 61st parallel of latitude; thence west along the 61st parallel of latitude to its intersection with the 110 20 meridian of longitude; thence southwesterly in a straight line to the point of confluence of the centre of the main channel of the Klewi River with the centre of the main channel of the Little Buffalo River; thence northwesterly in a straight line to the intersection of the centre of the main channel of the Nyarling River and the 60 33 parallel of latitude (Lat. 60 33 N; Long. 113 40 W approx.); thence southwesterly along the centre of the main channel of the Nyarling River to its intersection with the 60 18 parallel of latitude (Lat. 60 18 N; Long. 114 19 W approx.); thence west along the 60 18 parallel of latitude to its intersection with the 115th meridian of longitude; thence south along the 115th meridian of longitude to the point of commencement.

Issue of writ on vacancy

11.

TU NEDHÉ - WIILIDEH

Premising that the 60th parallel of latitude forms the boundary between the Northwest Territories and the Province of Saskatchewan for description purposes.

Consisting of all that portion of the Northwest Territories bounded as follows:

Part 1:

Commencing at the intersection of the 65 30 parallel of latitude and the Nunavut-Northwest Territories boundary (Lat. 65 30 N; Long. 112 30 W); thence south along the 112 30 meridian of longitude to its intersection with the 62 15 parallel of latitude; thence west along the 62 15 parallel of latitude to its intersection with the 114 31 meridian of longitude; thence south along the 114 31 meridian of longitude to its intersection with the 61 20 parallel of latitude; thence southwesterly in a straight line to the intersection of the eastern bank of the Buffalo River and the southern shore of Great Slave Lake; thence southerly along the eastern bank of the Buffalo River to its intersection with the northern shore of Buffalo Lake; thence easterly and southerly along the northern shore of Buffalo Lake to its intersection with the 60 18 parallel of latitude at the 115 05 meridian of longitude, approximately; thence west along the 60 18 parallel of latitude to its intersection with the centre of the main channel of the Nyarling River, at the 114 19 meridian of longitude, approximately; thence northeasterly along the centre of the main channel of the Nyarling River to its intersection with the 60 33 parallel of latitude at the 113 40 meridian of longitude, approximately; thence southeasterly in a straight line to the point of confluence of the centre of the main channel of the Klewi River with the centre of the main channel of the Little Buffalo River; thence northeasterly in a straight line to the intersection of the 61st parallel of latitude and the 110 20 meridian of longitude; thence east along the 61st parallel of latitude to its intersection with the 109 40 meridian of longitude; thence south along the 109 40 meridian of longitude to its intersection with the 60th parallel of latitude; thence east along the 60th parallel of latitude to its intersection with the Nunavut-Northwest Territories boundary (Lat. 60 00 N; Long. 102 00 W); thence north and northwesterly along that boundary to the point of commencement.

Part 2:

All plans referred to in this description are deposited in the Land Titles Office for the Northwest Territories Land Registration District in Yellowknife.

N’Dilo

Consisting of all that portion of the Northwest Territories that comprises the community of N’Dilo as follows:

All of Lots 500, Block 964, Plan 254 and Lots 1 and 2, Block 1000, Plan 2584.

Dettah

Consisting of all that portion of the Northwest Territories that comprises the community of Dettah bounded as follows:

Commencing at the centreline of the Dettah Road at 114 18 24 meridian of longitude and 62 25 17 parallel of latitude, approximately; thence southeast in a straight line to the east shoreline of Great Slave Lake at 114 18 52 meridian of longitude and 62 25 14 parallel of latitude, approximately; thence southerly, easterly and northeasterly following the sinuosities of the Great Slave Lake shoreline, to its intersection with the 114 17 21 meridian of longitude and the 62 24 59 parallel of latitude, approximately; thence in a straight line in a northwesterly direction to the point of commencement.

And consisting of all islands within 1 kilometre of the intersection of the Dettah Road and an unnamed street at the intersection of 114 18 25 W and 62 24 04 N, approximately.

Effect of vacancy

12.

MONFWI

Consisting of all that portion of the Northwest Territories bounded as follows: Commencing at the intersection of the 65th parallel of latitude and the 120th meridian of longitude; thence south along the 120th meridian of longitude to its intersection with the 62 15 parallel of latitude; thence east along the 62 15 parallel of latitude to its intersection with the 114 20 meridian of longitude; thence north along the 114 20 meridian of longitude to its intersection with the southeast corner of the boundary of the City of Yellowknife as described in the City of Yellowknife Continuation Order; thence west, north and east along that boundary to the intersection of the 114 26 meridian of longitude and the 62 30 parallel of latitude; thence north along the 114 26 meridian of longitude to its intersection with the 62 55 parallel of latitude; thence east along the 62 55 parallel of latitude to its intersection with the 112 30 meridian of longitude; thence north along the 112 30 meridian of longitude to its intersection with the Nunavut-Northwest Territories boundary; thence northwesterly along that boundary to its intersection with the 116 00 meridian of longitude at the 66 40 parallel of latitude, approximately; thence south along the 116 00 meridian of longitude to its intersection with the 65th parallel of latitude; thence west along the 65th parallel of latitude to the point of commencement.

powers Liability for acts done

13.

YELLOWKNIFE NORTH

All plans referred to in this description are deposited in the Land Titles Office for the Northwest Territories Land Registration District in Yellowknife.

Consisting of all that portion of the Northwest Territories bounded as follows: Commencing at the intersection of the 62 55 parallel of latitude and the 114 26 meridian of longitude; thence south along the 114 26 meridian of longitude to its intersection with the most northerly northwestern corner of the boundary of the City of Yellowknife as described in the City of Yellowknife Continuation Order; thence south to its intersection with the 114 26 meridian of longitude; thence south along the 114 26 meridian of longitude to the centreline of Yellowknife Highway No. 3; thence easterly along the centreline of Yellowknife Highway No. 3 to its intersection with the centreline of Ingraham Trail Highway No. 4; thence southerly along the centreline of Ingraham Trail Highway No. 4 and 48th Street to its intersection with the centreline of Franklin (50th) Avenue; thence southwesterly along the centreline of Franklin Avenue to its intersection with the centreline of a lane adjacent to Lot 1, Block 21, Plan 65; thence southeasterly along the centreline of that lane until its intersection with the centreline of 52nd Avenue; thence in a northeasterly direction along the centreline of 52nd Avenue to its intersection with the northwesterly production of the southern boundary of Lot 2, Block 81, Plan 3590; thence easterly along that production, the southern boundary of Lot 2, the south and east boundary of a Road, Plan 3696, and part of the southern boundary of Lot 5, Plan 3950, to the southeastern corner of Lot 5; thence northeast in a straight line to the northern corner of Lot 1, Block 94, Plan 482; thence easterly in a straight line to the intersection of that line and the western shore of Great Slave Lake at the 62 27 20 parallel of latitude and the 114 21 18 meridian of longitude, approximately; thence east along the 62 27 20 parallel of latitude to its intersection with the boundary of the City of Yellowknife as described in the City of Yellowknife Continuation Order; thence south along that boundary to the intersection with the southeast corner of that boundary; thence south along the 114 20 meridian of longitude to its intersection with the 62 15 parallel of latitude; thence east along the 62 15 parallel of latitude to its intersection with the 112 30 meridian of longitude; thence north along the 112 30 meridian of longitude to its intersection with the 62 55 parallel of latitude; thence west along the 62 55 parallel of latitude to the point of commencement.

Excluding the communities of N’Dilo and Dettah as described in Part 2 of the electoral district of Tu Nedhé - Wiilideh.

Protection of members from actions

14.

YELLOWKNIFE CENTRE

All plans referred to in this description are deposited in the Land Titles Office for the Northwest Territories Land Registration District in Yellowknife.

Consisting of all that portion of the Northwest Territories bounded as follows: Commencing at the intersection of the southeastern shore of Frame Lake and the northern corner of Lot 2, Block 122, Plan 2015; thence southerly along the eastern boundary of Lot 2, Block 122 to the intersection of a southeasterly production of the eastern boundary of Lot 2 with the centreline of Franklin (50th) Avenue; thence northeasterly along the centreline of Franklin Avenue to its intersection with the centreline of 57th Street; thence southeasterly along the centreline of 57th Street to its intersection with the centreline of 51A Avenue; thence southerly along the centreline of 51A Avenue to its intersection with the centreline of Forrest Drive; thence southeasterly along the centreline of Forrest Drive to its intersection with the centreline of Con Road; thence northeasterly along the centreline of Con Road to its intersection with the centreline of 53rd Avenue; thence northwesterly along the centreline of 53rd Avenue to its intersection with the northeasterly production of the northern boundary of Lot 17, Block 54, Plan 140; thence northwesterly along that production, the northwestern boundaries of Lots 17 to 24 to its intersection with the centreline of 52nd Avenue; thence northeasterly along the centreline of 52nd Avenue to its intersection with the centreline of a lane adjacent to Lot 13, Block 35, Plan 65; thence northwesterly along the centreline of that lane to its intersection with the centreline of Franklin Avenue; thence northeasterly to the centreline of 48th Street; thence northeasterly along the centreline of 48th Street to its intersection with the northeasterly production of the northern boundary of Lot 12, Block 49, Plan 1940; thence southwesterly along that production, the northern boundary of Lots 12 and 11 to the intersection with Lot 1, Plan 2257; thence southwesterly along the southeastern boundary and northwesterly along the southwestern boundary of Lot 1 to its intersection with the shore of Frame Lake, said point being the causeway across Frame Lake; thence southwesterly and southerly along the southeastern shore of Frame Lake to the point of commencement.

Protection of members during session

15.

RANGE LAKE

All plans referred to in this description are deposited in the Land Titles Office for the Northwest Territories Land Registration District in Yellowknife.

Consisting of all that portion of the Northwest Territories bounded as follows: Commencing at the intersection of the 114 26 meridian of longitude and the 62 30 parallel of latitude; thence south along the 114 26 meridian of longitude to its intersection with the centreline of Yellowknife Highway No. 3; thence easterly along the centreline of Yellowknife Highway No. 3 to its intersection with the centreline of Old Airport Road; thence southerly to the centreline of Cemetery Road; thence southeasterly along the centreline of Cemetery Road to its intersection with the northerly production of the eastern boundary of Lot 37, Plan 1469; thence southerly in a straight line along the eastern boundaries of Lots 37 and 38, and Lots 3 to 7, Plan 515, Lots 8 and 9, Plan 1223, Lots 35 and 36, Plan 1340, Lots 11, 12 and 13, Plan 515, Lots 14-1 and 14-2, Plan 1191, Lots 15, 16 and 17, Plan 515 and Lot 42 and a northern limit of a short portion of Old Airport Road to the midpoint, said midpoint being the centreline of Old Airport Road; thence southwesterly along the centreline of Old Airport Road to its intersection with the centreline of Range Lake Road; thence southwesterly along the centreline of Range Lake Road to its intersection with the southeasterly production of the southwestern boundary of Lot 6, Block 548, Plan 1890; thence northwesterly along that production and the southwestern boundary of Lot 6 to the southeastern corner of Lot 7, Block 548, Plan 1890; thence northeasterly along the southeastern boundary of Lot 7 to the eastern corner of Lot 7, said point also being on the southern boundary of Lot 971, Plan 1069; thence northwesterly along the southwestern boundary of Lot 971 to the western corner of Lot 971, said point also being the northern point of Lot 6, Block 550, Plan 1971; thence southwesterly and southerly along the northern and western boundary of Lot 6 to the intersection of the 114 26 05 meridian of longitude, approximately and the 62 26 30.8 parallel of latitude, approximately; thence westerly in a straight line to the southwest corner of Lot 56, Block 906, Plan 4216; thence northerly along the western boundary of Lot 10, Block 906, Plan 4214 to its intersection with the southern boundary of Lot 15, Block 906, Plan 4214; thence westerly and northerly along the southern and western boundaries of Lots 15, 14 and 10 to its intersection with the centreline of Yellowknife Highway No. 3; thence westerly along the centerline of Yellowknife Highway No. 3 to its intersection with the western boundary of the City of Yellowknife as described in the City of Yellowknife Continuation Order; thence north and east along the boundary of the City of Yellowknife as described in that order to the point of commencement.

Exemption from jury service: employee

16.

YELLOWKNIFE SOUTH

All plans referred to in this description are deposited in the Land Titles Office for the Northwest Territories Land Registration District in Yellowknife.

Consisting of all that portion of the Northwest Territories bounded as follows: Commencing at the southwestern boundary of the City of Yellowknife as described in the City of Yellowknife Continuation Order; thence northeast in a straight line to the west corner of Lot 63, Block 553, Plan 4089; thence in a northerly and easterly direction along the boundaries of Lots 63 to 60 to the southwestern boundary of Lot 6, Block 550, Plan 1971; thence southeasterly along the southwestern boundary of Lot 6, the southwestern boundary of Lot 31, Block 546, Plan 1799, southeasterly along the southern boundary of Lots 31 to 24, Block 546, Plan 1799, and the southern boundary of Lot 1, Block 551, Plan 2888 to the southwest corner of Lot 1; thence in a northeasterly direction along the eastern boundary of Lot 1 to the easterly production of the northern boundary of Lot 43, Block 566, Plan 3735; thence in a northwesterly direction along the production and lot boundary to the intersection of the northwesterly projection of the north corner of Lot 43 with the centreline of Range Lake Road and Bourque Drive; thence southerly along the centreline of Bourque Drive to the intersection of the centreline of Laroque Crescent; thence in a northwesterly and northerly direction along the centreline of Laroque Crescent to the intersection of the centreline of Range Lake Road; thence northwesterly along Range Lake Road to its intersection with the centreline of Hordal Road; thence in a generally westerly direction along the centreline of Hordal Road to its intersection with the centreline of Lamoureux Road; thence in a northerly and northeasterly direction along the centreline of Lamoureux Road to its intersection with the centreline of Range Lake Road; thence northerly along the centreline of Range Lake Road to its intersection with the southeasterly production of the southwestern boundary of Lot 6, Block 548, Plan 1890; thence northwesterly along that production and the southwestern boundary of Lot 6 to the southeastern corner of Lot 7, Block 548, Plan 1890; thence northeasterly along the southeastern boundary of Lot 7 to the eastern corner of Lot 7, said point also being on the southern boundary of Lot 971, Plan 1069; thence northwesterly along the southwestern boundary of Lot 971 to the western corner of Lot 971, said point also being the northern point of Lot 6, Block 550, Plan 1971; thence southwesterly and southerly along the northern and western boundary of Lot 6 to the intersection of the 114 26 05 meridian of longitude, approximately and the 62 26 30.8 parallel of latitude, approximately; thence westerly in a straight line to the southwest corner of Lot 56, Block 906, Plan 4216; thence northerly along the western boundary of Lot 10, Block 906, Plan 4214 to its intersection with the southern boundary of Lot 15, Block 906, Plan 4214; thence westerly and northerly along the southern and western boundaries of Lots 15, 14 and 10 to its intersection with the centreline of Yellowknife Highway No. 3; thence westerly along the centreline of Yellowknife Highway No. 3 to its intersection with the western boundary of the City of Yellowknife as described in the City of Yellowknife Continuation Order (114 31 meridian of longitude); thence south along the 114 31 meridian of longitude to the point of commencement.

Indemnities and Allowances Member’s indemnity

17.

KAM LAKE

All plans referred to in this description are deposited in the Land Titles Office for the Northwest Territories Land Registration District in Yellowknife.

Consisting of all that portion of the Northwest Territories bounded as follows: Commencing at the southwestern boundary of the City of Yellowknife as described in the City of Yellowknife Continuation Order; thence northeast in a straight line to the west corner of Lot 63, Block 553, Plan 4089; thence in a northerly and easterly direction along the boundaries of Lots 63 to 60 to the southwestern boundary of Lot 6, Block 550, Plan 1971; thence southeasterly along the southwestern boundary of Lot 6, the southwestern boundary of Lot 30, Block 546, Plan 1799, southeasterly, along the boundary of Lots 30 to 24, Block 546, Plan 1799, and Lot 1, Block 551, Plan 2888 to the southwest corner of Lot 1, Block 551, Plan 2888; thence in a northeasterly direction along the eastern boundary of Lot 1, Block 551, Plan 2888 to the easterly production of the northern boundary of Lot 43, Block 566, Plan 3735; thence in a northwesterly direction along the production and lot boundary to the eastern corner of Lot 43, Block 566, Plan 3735; thence in a northwesterly direction along the lot boundary to the intersection of the northwesterly projection of the north corner of Lot 43 with the centreline of Range Lake Road and Bourque Drive; thence southerly along the centreline of Bourque Drive to its intersection with the centreline of Laroque Crescent; thence in a northwesterly and northerly direction along the centreline of Laroque Crescent to the intersection of the centreline of Range Lake Road; thence northwesterly along Range Lake Road to its intersection with the centreline of Hordal Road; thence in a generally westerly direction along the centreline of Hordal Road to its intersection with the centreline of Lamoureux Road; thence in a northerly and northeasterly direction along the centreline of Lamoureux Road to its intersection with the centreline of Range Lake Road; thence northerly along the centreline of Range Lake Road to its intersection with the centreline of Woolgar Avenue; thence southeasterly along the centreline of Woolgar Avenue to its intersection with the easterly production of the northern boundary of Lot 19, Block 510, Plan 1080; thence westerly along that production, the northern boundary of Lot 19, and southerly along the western boundary of Lots 19 to 8, Block 510, Plan 1080, across a utility right-of-way and continuing southeasterly along the southwestern boundary of Lots 7 to 1, Block 510, Plan 1080 to the intersection of a northeastern production of the southern boundary of Lot 1 with the centreline of Woolgar Avenue; thence southeasterly along the centreline of Woolgar Avenue to its intersection with the centreline of Kam Lake Road; thence northeasterly along the centreline of Kam Lake Road to its intersection with the centreline of Taylor Road; thence southeasterly and easterly along the centreline of Taylor Road to its intersection with the northerly production of the southwestern boundary of Lot 19, Block 133, Plan 2259; thence southeasterly along that production and the southwestern boundary of Lots 19 and 20, Block 133, Plan 2259 to the most southern corner of Lot 20, Block 133, Plan 2259; thence southeasterly in a straight line to the southeast boundary of the City of Yellowknife as described in the City of Yellowknife Continuation Order; thence westerly along that boundary to the point of commencement.

Indemnity for office holder

18.

FRAME LAKE

All plans referred to in this description are deposited in the Land Titles Office for the Northwest Territories Land Registration District in Yellowknife.

Consisting of all that portion of the Northwest Territories bounded as follows: Commencing at the intersection of the centreline of Yellowknife Highway No. 3 and the centreline of Old Airport Road; thence southerly to the centreline of Cemetery Road; thence southeasterly along the centreline of Cemetery Road to its intersection with the northerly production of the eastern boundary of Lot 37, Plan 1469; thence southerly in a straight line along the eastern boundaries of Lots 37 and 38, and Lots 3 to 7, Plan 515, Lots 8 and 9, Plan 1223, Lots 35 and 36, Plan 1340, Lots 11, 12 and 13, Plan 515, Lots 14-1 and 14-2, Plan 1191, Lots 15, 16 and 17, Plan 515 and Lot 42, Plan 2249, to the midpoint of the northern limit of a short portion of Old Airport Road, said midpoint being the centreline of Old Airport Road; thence southwesterly along the centreline of Old Airport Road to its intersection with the centreline of Range Lake Road; thence southwesterly along the centreline of Range Lake Road to its intersection with the centreline of Woolgar Avenue; thence southeasterly along the centreline of Woolgar Avenue to its intersection with the easterly production of the northern boundary of Lot 19, Block 510, Plan 1080; thence westerly along that production, the northern boundary of Lot 19, and southerly along the western boundary of Lots 19 to 8, Block 510, Plan 1080, across a utility right-of-way and continuing southeasterly along the southwestern boundary of Lots 7 to 1, Block 510, Plan 1080 to the intersection of a northeastern production of the southern boundary of Lot 1 with the centreline of Woolgar Avenue; thence southeasterly along the centreline of Woolgar Avenue to its intersection with the centreline of Kam Lake Road; thence northeasterly along the centreline of Kam Lake Road to its intersection with the centreline of Taylor Road; thence southeasterly and easterly following the centreline of Taylor Road to the easterly production of the southeast corner of Lot 2, Block 159, Plan 4070; thence in an easterly direction in a straight line to the southwesterly corner of Lot 25, Block 146, Plan 863; thence in a northeasterly direction along the southeastern boundary of Lot 25 to the intersection of the northeasterly production of Lot 25 and the centreline of Con Road; thence northeasterly along the centreline of Con Road to its intersection with the centreline of Forrest Drive; thence westerly and northwesterly along the centreline of Forrest Drive to its intersection with the centreline of 51A Avenue; thence northerly along the centreline of 51A Avenue to its intersection with the centreline of 57th Street; thence northwesterly along the centreline of 57th Street to its intersection with the centreline of Franklin (50th) Avenue; thence southwesterly along the centreline of Franklin Avenue to its intersection with the southeasterly production of the eastern boundary of Lot 2, Block 122, Plan 2015; thence northerly along the eastern boundary of Lot 2 to the northern corner of Lot 2; thence northerly and easterly along the shore of Frame Lake to its intersection with the southwestern boundary of Lot 1, Plan 2257, said point being the causeway across Frame Lake; thence southeasterly and northeasterly along the southern boundary of Lot 1, Plan 2257 to the western corner of Lot 11, Block 49, Plan 1940; thence northeasterly along the northern boundary of Lots 11 and 12, Block 49, Plan 1940 and the easterly production of Lot 12, Block 49, Plan 1940 to the intersection with the centreline of Ingraham Trail Highway No. 4; thence northerly along the centreline of Ingraham Trail Highway No. 4 to its intersection with the centreline of Yellowknife Highway No. 3; thence westerly along the centreline of Yellowknife Highway No. 3 to the point of commencement.

Allowance for expenses

19.

GREAT SLAVE

All plans referred to in this description are deposited in the Land Titles Office for the Northwest Territories Land Registration District in Yellowknife.

Consisting of all that portion of the Northwest Territories bounded as follows: Commencing at the southeast corner of the boundary of the City of Yellowknife as described in the City of Yellowknife Continuation Order; thence in a straight line in a northwesterly direction to the most southern corner of Lot 20, Block 133, Plan 2259; thence northeasterly along the southwestern boundary of Lots 19 and 20, Block 133, Plan 2259 to the northerly production of the southwestern boundary of Lot 19, Block 133, Plan 2259 at the centreline of Taylor Road; thence following the centreline of Taylor Road in a generally northeasterly direction to the easterly production of the southeast corner of Lot 2, Block 159, Plan 4070; thence in an easterly direction in a straight line to the southwesterly corner of Lot 25, Block 146, Plan 863; thence in a northeasterly direction along the southeastern boundary of Lot 25 to the intersection of the northeasterly production of Lot 25 and the centreline of Con Road; thence in a northeasterly direction along the centreline of Con Road to its intersection with the centreline of 53rd Avenue; thence northwesterly along the centreline of 53rd Avenue to its intersection with the northeasterly production of the northern boundary of Lot 17, Block 54, Plan 140; thence northwesterly along that production, the northwestern boundaries of Lots 17 to 24 to its intersection with the centreline of 52nd Avenue; thence northeasterly along the centreline of 52nd Avenue to its intersection with the northwesterly production of the southern boundary of Lot 2, Block 81, Plan 3950; thence easterly along that production, the southern boundary of Lot 2, the south and east boundary of a Road, Plan 3696, and part of the southern boundary of Lot 5, Plan 3950, to the southeastern corner of Lot 5; thence northeast in a straight line to the northern corner of Lot 1, Block 94, Plan 482; thence easterly in a straight line to the western shore of Great Slave Lake at the 62 27 20 parallel of latitude and the 114 21 18 meridian of longitude, approximately; thence east along the 62 27 20 parallel of latitude to its intersection with the boundary of the City of Yellowknife as described in the City of Yellowknife Continuation Order; thence south along that boundary to the point of commencement.

SNWT 2014,c.21,s.2; SNWT 2022,c.17,s.28.

SCHEDULE B

FORM 1

(Subsection 9(2))

OATH OR AFFIRMATION

OF OFFICE

I, ................., do solemnly swear (or affirm)

that I am fully qualified to hold the office of member for the district of ................., to which I have been elected;

and that I have not knowingly contravened the Elections and Plebiscites Act respecting any matter in relation to my election;

and that I will faithfully and to the best of my abilities perform the duties and responsibilities of my office and will not allow any direct or indirect monetary or other personal or private interest to influence my conduct or affect my duties in public matters.

I hereby affirm, subscribe to and agree to follow the Code of Conduct adopted by the Legislative Assembly. So help me God. (omit last sentence in an affirmation)

FORM 2

(Subsection 9(2), section 63)

OATH OR AFFIRMATION OF

ALLEGIANCE

I, ............, do swear (or affirm) that I will be faithful and bear true allegiance to His Majesty Charles the Third, King of Canada, His Heirs and Successors. So help me God. (omit last sentence in an affirmation)

FORM 2.1

(Subsection 9(2))

OATH OR AFFIRMATION OF LOYALTY

I, ............, do swear (or affirm)

that I will be loyal to the people of the Northwest Territories;

and that, in carrying out my duties, I will honour and respect the treaties signed with Indigenous peoples. So help me God. (omit last sentence in an affirmation)

FORM 3

(Section 57)

OATH OR AFFIRMATION

OF OFFICE

I, ............., do swear (or affirm)

that I will faithfully discharge my duties as Clerk of the Legislative Assembly (or "an officer of the Legislative Assembly" or "an employee of the office of the Legislative Assembly", as the case may be)

and that I will observe and comply with the laws of Canada and the Northwest Territories, and, except as I may be legally required, I will not disclose or give to any person any information or document that comes to my knowledge or possession by reason of my being Clerk of the Legislative Assembly (or "an officer of the Legislative Assembly" or "an employee of the office of the Legislative Assembly", as the case may be). So help me God. (omit last sentence in an affirmation)

FORM 4

(Section 63)

OATH OR AFFIRMATION

OF OFFICE

I, ........., do solemnly swear (or affirm)

that I will duly and faithfully and to the best of my skill and knowledge execute the powers and trust reposed in me as a member of the Executive Council of the Northwest Territories. So help me God. (omit last sentence in an affirmation)

SNWT 2019,c.22,s.22; SNWT 2019,c.10,s.16; SNWT 2022,c.17,s.29.

SCHEDULE C

(Subsections 17(1), (2), 18(1) and (1.1) and sections 19 and 20)

INDEMNITIES AND ALLOWANCES

PART 1

INDEMNITY PAYABLE TO EVERY MEMBER:

SUBSECTION 17(1)

(a) $126,293 each fiscal year.

PART 2

INDEMNITY PAYABLE TO OFFICE HOLDER:

SUBSECTIONS 18(1) AND (1.1)

Each fiscal year, (a) the Premier..................... $104,099 (b) a member of the Executive Council who is a Minister appointed under section 66 other than the Premier.............. $74,611 (c) the Speaker...................... $61,530 (d) the Deputy Speaker................. $9,216 (e) a deputy chairperson of the Committee of the Whole...................... $5,531 (f) subject to paragraph (g), a chairperson of a standing committee of the Legislative Assembly ............... $8,166 (g) the chairperson of the Standing Committee on Accountability and Oversight ..... $12,032 (h) a chairperson of a special committee of the Legislative Assembly.......... $4,084 (i) the chairperson of Caucus............ $4,084 (j) a member who is (i) a member of the Standing Committee on Accountability and Oversight, and (ii) a member of only one other standing committee or the Board of Management............. $2,285 (k) a member who is (i) a member of the Standing Committee on Accountability and Oversight, and (ii) a member of more than one other standing committee or the Board of Management............. $4,572

PART 3

ALLOWANCE FOR EXPENSES:

SECTION 19

Each fiscal year, (a) $9,430 for a member; (b) $9,430 for a member whose ordinary residence is not within commuting distance of the capital.

PART 4

NORTHERN ALLOWANCE:

SECTION 20

The amount payable each fiscal year is the amount, in respect of the community in which the member maintains his or her ordinary residence, as determined in accordance with article 41 of the Collective Agreement between the Union of Northern Workers and the Minister responsible for the Public Service Act, which expires March 31, 2021, or the equivalent provision of any agreement that renews or replaces this agreement.

PART 5

TRANSITION ALLOWANCE

AUGMENTATION:

SUBSECTION 31(7)

(a) Augmentation amount............... $4,572

SNWT 2024,c.2,s.3; R-032-2025,s.2; R-023-2026,s.2.