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Members' Handbook

ALLOWANCES, ENTITLEMENTS AND SERVICES

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ALLOWANCES

73. PLACE OF RESIDENCE

It is required that a place of ordinary residence be established for all Members.  A Member is considered to live in the community in which they regularly or customarily engage in the normal routines of life when not attending a Session of the Legislative Assembly, a meeting of one of its Committees, of which they are a member, a meeting of the Executive Council, a committee of the Executive Council of which they are a member, or of the Financial Management Board, on constituency business in another community within the Member’s constituency, on business related to the Member’s Ministerial or Executive Council responsibilities, or any other “Business as a Member” as defined in Section 22 of the Legislative Assembly and Executive Council Act.

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As a general guideline, and to assist Legislative Assembly staff in assessment of expense claims, a Member should spend a minimum of fifty percent of their time in  their home community, when not required to be elsewhere for the reasons set out in the paragraph above.

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In determining a Member’s place of residence, the following factors will be taken into consideration:

  • the place where the Member lived in the year prior to their election;

  • the amount of time the Member spends in the community when not attending to Business as a Member;

  • the usual residence of the Member’s spouse and/or dependent children;

  • the community where the Member’s spouse is employed;

  • the community where the Member’s dependent children are enrolled in school;

  • the location of an owned residence or a residence rented for one or more years;

  • location of the Member’s personal possessions (clothing, furniture, pets);

  • location of the Member’s active business;

  • the Member’s personal mailing address;

  • the Member’s participation and involvement in church, community, recreational, service and social clubs;

  • the Member’s address as indicated on various official documents including, but not limited to, income tax filings, property tax assessment, utility bills (e.g. telephone, power, water, fuel, cable/satellite television, internet service), vehicle, boat or snowmobile registration, driver’s licence or health care card, passport, voters’ list and bank statements; and

  • letters and affidavits of persons residing in the community that are able to confirm the Member’s place of residence for the past year.

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Each Member, who does not ordinarily reside in the Capital, must swear a statutory declaration, in a form approved by the Board of Management, before the Law Clerk, indicating the place where the Member ordinarily resides when they are not attending Sessions of the Legislative Assembly, meetings of its Committees, meetings of the Executive Council, its committees, or the Financial Management Board, on business related to the Member’s Ministerial or Executive Council responsibilities, or other “Business as a Member” as defined in Section 22 of the Legislative Assembly and Executive Council Act.

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Members are required to swear a Statutory Declaration of Residence within 60 days of being sworn in as a Member. If a Member fails to swear a statutory declaration within 60 days of being sworn in, the Member will be deemed to reside in Yellowknife effective the date of their swearing-in.The statutory declaration is used to establish the Member’s place of ordinary and usual residence and their eligibility to access the Capital Accommodation Allowance to establish a temporary residence in the capital, and eligibility to other certain monetary allowances. Members who knowingly file a false statutory declaration expose themselves to the disciplinary powers of the Legislative Assembly, a potential complaint to the Integrity Commissioner or criminal conviction. The statutory declaration must include the community, civic address or legal description of the Member’s place of ordinary residence. A mailing address is not acceptable. A Member may wish to establish a secondary residence in the capital, as provided for in section 16.1 of the Legislative Assembly and Executive Council Act. In order to be eligible to do this they must have ordinarily resided outside the capital for one year prior to election or establishment of a secondary residence. A Member eligible to establish a secondary residence in the capital must swear a statutory declaration that provides information for both the Member’s principal residence and secondary residence. In that case, the secondary residence will be considered to be the Member’s ordinary residence. Members should consult with the Clerk about what allowances and benefits they may or may not be eligible to receive if they decide to establish a secondary residence in the capital.

 

A statutory declaration must be accompanied by documentation that supports the Member’s sworn place or places of residence.

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Examples of acceptable supporting documentation include:

  • copy of certificate of title for a home owned by the Member or a Residential Lease Agreement for an apartment rented by the Member for at least one year prior to the Member’s election;

  • copy of community authority tax assessment for owned home;

  • copy of telephone, internet, power, water, cable/satellite television, fuel, property tax bills supporting sworn place of residence for the previous year;

  • copy of income tax filing for the previous year;

  • copy of vehicle, boat or snowmobile registration;

  • copy of driver’s license, health care registration or other federal or territorial identification cards;

  • copy of Canadian Passport with “Bearer’s Permanent Residence” section completed;

  • bank statements;

  • documents confirming employment in place of residence prior to election including employment contract, record of employment, pay cheque or letter from employer; or

  • letters or affidavits from persons who reside in the Member’s place of residence and are able to confirm the Member’s residence in that community for the year preceding the Member’s election. 

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The statutory declaration form will authorize the Legislative Assembly to verify the information provided by the Member in their statutory declaration, if necessary.

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After administering an oath and witnessing and signing a Member’s Statutory Declaration of Residence, the Law Clerk shall, without delay, forward the original statutory declaration to the Clerk of the Legislative Assembly. The Clerk’s Office will work with the Member to collect all documentation to support the Member’s Statutory Declaration of Residence.

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The Speaker shall, as soon as possible, table the original statutory declaration in the Legislative Assembly.

The Clerk shall maintain a record that will include a copy of all sworn statutory declarations, all supporting documentation, the date that the statutory declaration was sworn, the date it was received in the Office of the Clerk and the date it was tabled in the Legislative Assembly.

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The Statutory Declarations of Residence sworn by each Member will be subject to a risk assessment conducted by the Clerk’s Office. The risk assessment form will evaluate each Member’s statutory declaration on the following four criteria:

  • location and duration of owned or rented accommodation in community of residence;

  • documentation provided by the Member in support of statutory declaration of residence;

  • size of the family unit residing with the Member at the sworn place of residence; and

  • verifiable community activity in sworn place of residence during the previous year.

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Based upon a Member’s overall score on each of these four criteria, Members will be assigned one of three rating categories by the Clerk of the Legislative Assembly.

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Members with a “high” rating will be allowed to access all benefits and allowances to which they may be entitled, and will be re-evaluated annually thereafter to establish continued eligibility.

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Members with a “medium” rating will be allowed to access benefits and allowances to which they may be entitled, but will be re-evaluated on a quarterly basis to establish continued eligibility for the allowances and benefits.

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Members with a “low” rating will be allowed to access benefits and allowances to which they may be entitled, but will be re-evaluated on a monthly basis to establish continued eligibility for the allowances and benefits.

Any Member may appeal the Clerk’s rating to the Board of Management for review.  Requests to Members in the “low” rating category to provide information and supporting documentation for re-assessment must be provided to the Clerk’s Office within 30 days from the beginning of each month.  Members in the “medium” and “high” rating categories must provide information and supporting documentation to the Clerk’s Office within 60 days of the re-assessment date. Members may request more time from the Clerk to submit their residency information and documentation.

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Failure to provide the Clerk with information and supporting documentation to carry out the re-evaluations as set out above will result in the Member being deemed to reside in Yellowknife for the purpose of calculating the allowances and benefits to which the Member is entitled. This determination will be applied retroactively to the last submission of supporting documentation and the Clerk shall, without delay, recover all overpayments during that period from the Member’s future indemnities and reimbursements. If a Member subsequently provides the Clerk with the required supporting documentation, the Clerk shall, without delay, reimburse the Member for any recoveries made.

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Every six months the Clerk will review the residency assessments of Members in a “low” rating category to determine the risk factors associated with the Member’s residency declaration.  The Clerk may then bring a recommendation to the Board of Management to move the Member to a higher rating category, or to undertake a higher level residency risk assessment, up to and including an evaluation of where the Member spends their time when not on business as a Member.

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A Member who moves from the place indicated on their sworn Statutory Declaration of Residence is obliged to swear a new statutory declaration before the Law Clerk without delay and provide supporting documentation for evaluation by the Clerk of the Legislative Assembly.

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If, at any time, the Clerk of the Legislative Assembly is of the view that the supporting documentation is inconsistent with, or does not support a Member’s sworn Statutory Declaration of Residence, the Clerk will, without delay, prepare a report to the Board of Management laying out his or her concerns. The report will include the most recent evaluation of the Member’s Statutory Declaration of Residence and all supporting documentation provided to the Clerk to that point. The Clerk will provide a copy of the report to the Member in advance of the meeting of the Board at which the report will be considered.

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After considering the report and hearing from the Member, the Board of Management may: reject the Member’s Statutory Declaration of Residence and deem them to be a resident of Yellowknife for the purpose of calculating the allowances and benefits to which the Member is entitled; accept the Members’ Statutory Declaration of Residence; accept the Members’ Statutory Declaration of Residence conditional upon the provision of supporting documentation by a specified time; make a complaint to the Integrity Commissioner; or, refer the matter to the RCMP for investigation. The Speaker may also refer a Member’s statutory declaration to the Integrity Commissioner for opinion at any time should they deem such a referral necessary.

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As set out in the Indemnities, Allowances and Expense Regulations, the Speaker is required to table in the Legislative Assembly all statutory declarations sworn by Members at the earliest possible opportunity. All Statutory Declarations of Residence tabled by the Speaker will be included in a prominent and easily accessible place on the Legislative Assembly’s web site without delay.

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74. COMMUTING DISTANCE

A Member lives within commuting distance of a place if a Member’s ordinary place of residence is no more than 80 kilometers away from that place and it is possible to travel from the Member’s residence to that place by road. For further clarity, a Member’s ordinary place of residence is that place indicated on the Member’s sworn Statutory Declaration of Residence.

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75. NORTHERN ALLOWANCE

Every Member of the Legislative Assembly is eligible for a Northern Allowance, pursuant to Section 20 of the Legislative Assembly and Executive Council Act. This allowance is based on the Member’s place of ordinary residence as indicated on their Statutory Declaration of Residence. The amount of this allowance is tied to Article 41 of the Collective Agreement between the Government of the Northwest Territories and the Union of Northern Workers. The allowance is included in the Member’s bi-weekly pay.

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Until such time as a Member has sworn a Statutory Declaration of Residence, in accordance with Section 73 of this Handbook, all Members will be paid the Northern Allowance based upon the Yellowknife rate. Once a Statutory Declaration of Residence has been sworn, in accordance with Section 73 of this Handbook, the Member will be paid the Northern Allowance, retroactively to polling day, and based on the rate assigned to their community of residence.

 

76. CHILDCARE TRAVEL ALLOWANCE

A Member will be reimbursed for eligible extraordinary childcare expenses when:

  • A Member’s child, or children is reasonably required to travel with the Member while the Member is performing  constituency or Legislative Assembly business; 

  • A Member is required to travel from the Members ordinary place of residence to perform his or her duties of office; or 

  • A Member is required to attend constituency or Legislative Assembly business that occurs outside of regular business hours and incurs extraordinary childcare expenses that the Member would not normally incur.  

 

'Child of the Member' means a child, or children under the age of eighteen years old to whom the Member is a parent or stands in the place of a parent, including a child placed in a foster home operated by the Member. 

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Extraordinary childcare expenses are defined as those expenses related to childcare that are incurred by a Member beyond expenses normally incurred for the care of a child of the Member.

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If a Member wishes to be reimbursed for eligible childcare expenses,the Member must, prior to incurring any expenses, submit an application to the Clerk of the Legislative Assembly, including:

  • The name and age of each child for which the Member intends to seek reimbursement; ​

  • Documentation establishing that each child is a child of the Member; and

  • Any other information the Clerk determines to be necessary to evaluate the application. 

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Upon receipt of the application, the Clerk may, in respect of each child to which the application relates:

  • Approve the application. If the Clerk approves the application, the Clerk may impose conditions on the approval respecting the type and amount of expenses to be eligible for reimbursement. 

  • Reject the application. If the Clerk rejects the application, the Clerk shall provide the Member with written reasons as to why the application was rejected. A decision of the Clerk to reject the application may be appealed to the Board of Management. 

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Members who incur expenses in respect of a child of the Member for whom an application has been approved by the Clerk will be reimbursed for actual expenses upon submission of receipts.  A claim for reimbursement must include:

  • A copy of the application approved by the Clerk; 

  • The dates of all expenses claimed; 

  • A description of the duties of office that necessitated the incursion of the expenses; 

  • Receipts evidencing payment of the expenses; and 

  • Any other information the Clerk may require. 

 

Eligible expenses are defined as, but not limited to the following:

  • Travel costs for a child, or children

  • Additional accommodation costs for a child, or children

  • Additional meal and incidental costs for a child, or children

  • Daycare or Afterschool fees

  • Caregiver fees  

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Reimbursement of childcare expenses is a non-taxable/accountable benefit to Members who do not reside within commuting distance of the capital, and a taxable/accountable benefit for Members who reside in the capital.

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77. ALLOWANCE FOR EXPENSES

Every Member of the Legislative Assembly is eligible to receive an annual gross allowance of $7,982 paid to Members on a bi-weekly basis.  As a taxable, non-accountable allowance no proof of expenses is required for payment and taxes are collected when the allowance is paid to Members.

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The Allowance for Expenses is intended to cover the following expenses  while Members are in their community of ordinary residence and while discharging their duties as a Member.

  • Meal expenses

  • Local ground transportation expenses

  • Hospitality expenses including meals, transportation, whether within or outside the constituency.

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Hospitality, as defined in the Financial Administration Manual, is food, entertainment and other benefits provided to the recipient at no cost or less than full cost, including, but not limited to, such items as tickets to sports and performance events.

 

With the exception of those instances specifically referenced in this Handbook, claims for local transportation, meals and similar hospitality will not be reimbursed.

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The Allowance for Expenses will be automatically adjusted each year by the percentage increase or decrease in the Consumer Price Index between the previous calendar year and the calendar year before that.

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78. ENTERTAINMENT ALLOWANCE

The Speaker and Ministers are eligible to receive an annual $1,500 allowance for duty related entertainment expenses. This allowance is taxable and non-accountable and is paid in advance in two installments.

 

Arrangements can be made through Members’ and Precinct Services to have these payments direct deposited to a Member’s bank account. Eligibility for this allowance ceases when the Speaker or Minister no longer hold office, as per sections 45 and 69 of the LAEC Act.

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79. TRANSITION ALLOWANCE

Members of the Legislative Assembly are entitled to a Transition Allowance when they resign as Members of the Legislative Assembly or when the Assembly they are serving in is dissolved or ended by the passage of time and the Member does not become a Member of the subsequent Legislative Assembly.

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For a Member who is not a Speaker or a Minister, the transition allowance is equal to one-twelfth of the annual indemnity for each consecutive year of service but cannot exceed the annual basic indemnity at the time of eligibility. This allowance will be calculated pro rata for any period of service less than a year.

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For a Member who is a former Speaker or Minister, the Transition Allowance is equal and limited to their annual indemnity at the time of eligibility.

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In all cases the limit of the transition allowance is cumulative and may not be exceeded where a Member received a transitional allowance and subsequently, after a break in service, again becomes a Member of the Legislative Assembly. The length of time to which the transition allowance relates is defined in the Legislative Assembly and Executive Council Act as the transition period (Section 83(1)) and certain restrictions apply to the activities of former Members during this period. For further information, Members should refer to Part 3, Conflict of Interest, Legislative Assembly and Executive Council Act and to Section 7 of this Handbook, Conflict of Interest.

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A Member entitled to a Transition Allowance has the option of receiving one lump sum payment immediately upon entitlement, two payments within one year of leaving office, or allowing the payment to be spread over the number of months equal to the Member’s years of service. For example, if a Member has served eight years, the Member may elect to receive the allowance over eight months. In the case of a former Speaker or Minister the payment may be spread out over 12 months. The Member is not entitled to other indemnities, allowances and benefits normally available to Members during this period.

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80. RETRAINING ASSISTANCE PROGRAM FOR NON-RETURNING MEMBERS

The Retraining Assistance Program for Non-Returning Members provides assistance to former Members in their transition from public to private life.  To be eligible for this benefit, a former Member must have served at least one complete term and have left office either through retirement or defeat.  A former Member is entitled to $1,000 in program funding for each year of service, up to a maximum of $12,000.  

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The former Member must apply to access the program within one year of leaving office and, if the application is approved, can access the funding over a two year period commencing on the approval of their application.  The retraining assistance program may be accessed only once in the lifetime of a Member.

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If a former Member’s conduct is such that it brings discredit to their office or to the Legislative Assembly, no benefit from this policy shall accrue to the former Member.

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The program funding is to be used to reimburse or pay for the following:

  • consulting services for starting a new business;

  • financial, employment, or retirement counseling and planning;

  • courses and training directly related to future employment; and

  • return travel costs from a former Member’s home community to the point of the service provider.

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The purchase of assets or services, or payment of legal and registration fees for business purposes are not eligible expenses under this program. 

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Former Members will be responsible for submitting a program profile to the Board of Management for approval, prior to the commencement of the program and release of funding.  The program profile must include the cost of consulting, or counseling and planning services, educational courses or training program fees, information on the assistance or support to be provided to the former member and a detailed schedule.  The Legislative Assembly will pay the service provider directly, or reimburse the former Member upon submission of receipts.  

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