Members' Handbook

CONSTITUENCY OFFICE SPACE

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114. CONSTITUENCY OFFICES

The Legislative Assembly will pay the costs of leasing constituency office space to enable Members to provide access and services to their constituents.

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With the approval of the Board of Management, a Member may choose to have office space in more than one community within their constituency where the need can be justified. A Member must not make any commitment towards a rental or lease agreement without prior approval of the Board. The procedure to obtain Board of Management approval requires that the Member:

• locate at least two office spaces in the community or communities that will serve the Member’s needs.  Following a competitive process, evaluate the office spaces based on cost, size and the Member’s needs. 

• identify a preferred office space and negotiate with the landlord for a monthly rental rate;

• submit a request to the Board of Management for approval to  lease for the office space. The request must include information regarding the size of each  office space in square meters; and

• provide supporting documentation from the landlord, which details the total monthly cost of the preferred office space.  For comparative purposes, provide the costs of the other office spaces that were considered.

 

The monthly charges must include all expenses related to the lease, including any of the following expenses that may apply:

• parking;

• alarm systems;

• janitorial services;

• utilities;

• security; and

• telephone lines.

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Following Board approval, a contract will be prepared between the Legislative Assembly and the landlord. The lease agreement will be between the Legislative Assembly and the landlord, and payments will be made directly to the landlord. No payments will be made directly to the Member.

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Arrangements for the installation of constituency fax lines, telephone lines and telephone directory advertising must be requested through Members’ and Precinct Services and will be charged to the Member’s Constituency Work Expense Allowance.

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Any damage caused by the Member to the rental property may be the responsibility of the Member. Each lease will have a 30-day cancellation clause. A Member who wishes to terminate a lease agreement must notify Members’ and Precinct Services immediately so that they can formally notify the landlord.

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During an election period, a Member’s access to their constituency office will be denied from the date of dissolution of the Assembly. A Member who is re-elected will regain access after they are sworn in as a Member.

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Members representing constituencies in Yellowknife are not entitled to a second constituency office in addition to the one provided in the Legislative Assembly Building.

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115. FINANCIAL INTEREST

The Board of Management will not approve a request to lease office space where any Member, or the spouse or relative of any Member, has a financial interest in the lease, or in a corporation that has a financial interest in the lease, unless the Member wishing to lease the space supplies detailed rationale and substantiation for the lease and the Board is satisfied that no alternate space is reasonably available.

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Members should refer to Section 1 of the Legislative Assembly and Executive Council Act for the definition of “spouse” and Section 12 of the Indemnities, Allowances and Expense Regulations for the definition of “relative” and the meaning of “financial interest”.

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116. EQUIPMENT AND FURNITURE

As described in Section 119.4 of this Handbook, the Legislative Assembly will provide each Member and one Constituency Assistant with a personal computer system.  

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It is the Member’s choice whether the computer is kept in the Member’s constituency office or elsewhere. In addition, the following standard office equipment/furniture will be provided upon request to each Member for each constituency office. To acquire this equipment, a Member must submit a request to Members’ and Precinct Services.

• double pedestal desk or modular desk unit with utility table computer access (1)

• two-drawer lateral filing cabinets (2)

• waste paper basket (1)

• recycling paper basket (1)

• telephone answering equipment or voice mail where available

• swivel-tilt chair (1)

• side chairs (2)

• printer (1)

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If the constituency office space lease includes furniture, only the furniture and equipment not provided by the landlord will be supplied.

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The office equipment and furniture are the property of the Legislative Assembly and generally may not be retained by the Member at the expiry of their term of office. For exceptions and further information regarding property inventory and disposal, please refer to Section 111 of this Handbook.

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Members may choose to purchase additional items or upgrade the standard equipment and furniture through their Constituency Work Expense Allowances.  All additional inventory items must be purchased through Members’ and Precinct Services.  The inventory will be procured from approved Northern businesses, wherever possible, and steps will be taken to obtain the best possible value.

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Members’ and Precinct Services will maintain an inventory list of Members’ equipment and furniture and will update this list as necessary.

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117. CONSTITUENCY ASSISTANT

Members are permitted to hire individuals, businesses or corporations to assist them in the performance of their constituency duties and to be reimbursed for this expense from their Constituency Work Expense Allowance. A Member may hire an individual as a Constituency Assistant term employee, and/or may engage an individual, business or corporation to perform duties under a short-term service contract. Members may hire more than one Constituency Assistant and enter into more than one service contract at any time.

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Members must note that a Constituency Assistant is not an employee of the Legislative Assembly or the Government of Northwest Territories. The Member is the employer and, as such, enters into a personal employment contract with the employee. As well, a service contract is an agreement between a Member and the person(s) being contracted. The Legislative Assembly is not a party to any such agreement and any obligations entered into are the responsibility of the Member.

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Members are personally liable for wages owed to Constituency Assistants and amounts owing under service contracts if there are insufficient funds in their Constituency Work Expense Allowances. Section 16 of the Indemnities, Allowances and Expense Regulations requires that the salary and deductions relating to a Constituency Assistant, and amounts payable under a service contract, be paid directly to the person to whom the payment is owed.

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It is the responsibility of each Member to be familiar with the applicable legislation, including the Employment Standards Act and the Human Rights Act, as well as the Board of Management Workplace Harassment Policy found at Section 6 of this Handbook.

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117.1 ELIGIBILITY

The Indemnities, Allowances and Expense Regulations provide that the following persons are not eligible to serve as constituency assistants or to enter into service contracts with a Member unless specifically approved by the Board of Management:

• another Member; 

• the spouse or a relative of the Member; or

• the spouse or a relative of another Member.

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A Member may not enter into a service contract if any of the above persons has a financial interest in a corporation that has a financial interest in the service contract, unless specifically approved by the Board of Management.

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Please refer to Section 1 of the Legislative Assembly and Executive Council Act for the definition of “spouse” and Section 12 of the Indemnities, Allowances and Expense Regulations for the definition of “relative”. Section 12 of the Regulations sets out the circumstances in which a person will be considered to have a financial interest in a contract or other arrangement. Members should seek advice from the Clerk or Law Clerk if there is any doubt on this issue.

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117.2 TERM EMPLOYEE

Constituency Assistants are term employees, hired on an on-going basis for a term not to exceed the life of the current Legislative Assembly. The hours of work may be set or flexible.

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Deductions for Income Tax, Canada Pension Plan and Employment Insurance will be made from the Constituency Assistant’s pay and from the Member’s Constituency Work Expense Allowance. Workers’ Compensation deductions and any other appropriate deductions will also be made from the Member’s Constituency Work Expense Allowance.

 

117.3 TERMS OF EMPLOYMENT

The personal employment contract between the Member and their Constituency Assistant must specify the terms of the employment including the duties, hourly rate of pay and benefits to be provided. The Legislative Assembly, on behalf of Members, sponsors a cost share benefits plan that provides single or family coverage for health, dental and insurance benefits to eligible Constituency Assistants through the Northern Employees Benefits Services (NEBS).

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These benefits are offered to all constituency assistants as a condition of employment.  To be eligible to participate in this benefits plan constituency assistants must be employed for a term of at least 12 months and must work a minimum of 20 hours per week.

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The employer costs of the benefits plan will be paid from the Member’s Constituency Work Expense Allowance.  Other employee benefits offered, such as vacation leave or pay, additional statutory holiday pay, sick leave or bonuses must be stated in each contract. Members should also be aware that the Board of Management may restrict the payment of a bonus or a change in remuneration for a Constituency Assistant in an election year.

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Members’ and Precinct Services staff are available to assist Members in identifying terms of employment, duties, rates of pay and benefits for prospective Constituency Assistants.

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Constituency Assistants are required to take and subscribe to an oath of office in a form set out below.

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117.4 OATH/AFFIRMATION OF OFFICE

Oath of Office

I, (Constituency Assistant’s Name), do swear that I will faithfully discharge my duties as a Constituency Assistant to the M.L.A. for (Name of Constituency) of the Northwest Territories Legislative Assembly and 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 a Constituency Assistant to the M.L.A. for (Name of Constituency)of the Legislative Assembly. So help me God.

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Affirmation of Office

I, (Constituency Assistant’s Name), do so promise and affirm that I will faithfully
discharge my duties as a Constituency Assistant to the M.L.A. for (Name of Constituency) of the Northwest Territories Legislative Assembly and 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 a Constituency Assistant to the

M.L.A. for (Name of Constituency)of the Legislative Assembly.

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117.5 RECRUITMENT

Members are responsible for interviewing and selecting their Constituency Assistants and for negotiating the hourly rate of pay, vacation entitlements and benefits, if any. Upon request, Members’ and Precinct Services will assist Members with interviewing and selecting candidates and will also provide sample contracts.

The process for appointing a Constituency Assistant is as follows:

• the Member notifies Members’ and Precinct Services that they have identified a candidate to hire as a Constituency Assistant;

• Members’ and Precinct Services provides the necessary documentation to the Member, including a copy of an employment contract;

• the Member, after negotiating with the individual, completes the contract and has the individual sign it;

• the original signed contract must be returned to Members’ and Precinct Services; and

• the Member must ensure that the Constituency Assistant takes an oath of office in a form approved by the Clerk of the Legislative Assembly.

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117.6 TERMINATION

To comply with the Employment Standards Act, in most cases, 14 day’s notice, or pay in lieu of notice, is required to terminate the Constituency Assistant contract after a minimum of 90 days, but not more than two continuous years of employment. A Constituency Assistant employed for more than two continuous years is entitled to one week of notice, or pay in lieu of notice, for each year of service. In the case of a general election, appropriate notice should be given to the Constituency Assistant prior to the writs being issued. Notice of the termination of a Constituency Assistant must be given in writing and a copy provided to Members’ and Precinct Services. Members’ and Precinct Services will make arrangements with the Member and the Constituency Assistant for the payment of any vacation pay or other benefits to which the employee is entitled.

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117.7 DELEGATION OF AUTHORITY

A Member may authorize their Constituency Assistant to incur specific operating costs inherent in the operation and maintenance of a constituency office by completing an authorization form and filing it with Members’ and Precinct Services.

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If the Member fails to delegate this authority in this manner, Members’ and Precinct Services  cannot honor any invoices submitted by the Constituency Assistant for payment or reimbursement.

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117.8 SERVICE CONTRACT

A service contract is used to hire an individual, business or corporation on a one-time basis to undertake a specific project related to constituency matters.

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Members may request the preparation of one or more service contracts by  contacting Members’ and Precinct Services. The request must include detail of the work to be undertaken, the amount to be paid and the time period in which the project is to be completed.

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Members’ and Precinct Services will pay amounts owing under the service contract directly to the person owed and deduct the amount paid from the Member’s Constituency Work Expense Allowance. The accumulated dollar value of any contracts must not exceed the funds available in the Member’s Constituency Work Expense Allowance. In accordance with the Financial Administration Manual, payments will be made 20 or 30 calendar days (depending on the contractor’s status under the Business Incentive Policy) after receipt of an invoice or receipt of goods or services, whichever is later.

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The person or organization that receives the service contract is responsible for paying income tax and benefits on behalf of any other persons who perform the work. The Member is not required to make payments for Employment Insurance, Canada Pension Plan or Workers’ Safety and Compensation.

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If the contracted services are to be performed by an individual, particular care must be taken to ensure that an employer/employee relationship does not exist or come into being. A significant factor is the degree of control exercised by the Member over how, when and where the work is completed and who provides tools and equipment to perform the work. Lengthy, continuing or recurring work suggests that an employment relationship has been created. In that case, the Member may be required to pay Employment Insurance, Workers’ Safety and Compensation and Canada Pension Plan payments. The employee may also be eligible for other employee benefits such as vacation, statutory holiday pay and sick leave. Members’ and Precinct Services is available to advise and assist Members in relation to service contracts.