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Members' Handbook

CONSTITUENCY WORK EXPENSE ALLOWANCE

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93. ALLOWABLE EXPENSES

Section 1 of the Legislative Assembly and Executive Council Act defines “constituency work” as any work directly connected with a Member’s responsibility as a Member in relation to the ordinary and proper representation of members of the public. It does not include work performed in the course of their 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 as a Member of the Executive Council, or or work performed in the course of an assignment given by the Legislative Assembly or the Speaker.

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A “constituency meeting” is defined in this Handbook as a meeting that is organized and attended by the Member for the purpose of consulting with their constituents, is open to all constituents without fee, is located in a community within the Member’s constituency, takes place at a venue booked by the Member or their Constituency Assistant and is advertised within the community where the meeting will take place. Please refer to Members’ Handbook, Section 112.1 Constituency Meeting Expense for details on the Constituency Meeting Expense Allowance.

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Section 10 of the Indemnities, Allowances and Expense Regulations sets out the maximum Constituency Work Expense Allowance available with respect to each constituency and Section 11 of the Regulations sets out the types of expenses that may be reimbursed.

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Some of the allowable expenses are outlined below, but Members are encouraged to refer to Section 11 of the Indemnities, Allowances and Expense Regulations for a detailed list of items which may be reimbursed under this allowance. Members’ and Precinct Services  should be consulted prior to a Member making a purchase from the Constituency Work Expense Allowance as they will provide assistance with procurement procedures and will obtain competitive prices.

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94. RESTRICTIONS APPLICABLE TO CONSTITUENCY WORK EXPENSE

Section 11 (2) of the Indemnities, Allowances and Expense Regulations sets out expenses that are specifically ineligible for reimbursement under the Constituency Work Expense Allowance as:

  • anything that uses or includes any word, initial, colour or device that identifies a political party;

  •  artwork, including paintings, prints, sculptures, carvings and crafts, unless they are purchased as items to mark special occasions or presentation items (refer to definitions of special occasion and presentation items below);

  • sponsorship of individuals or groups;

  • raffle tickets;

  • donations or gifts to local organizations or individuals including the purchase of items at charity auctions or similar fundraising events; and

  • travel outside of Canada.

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In the year of a general election, the Board of Management may place additional restrictions on items for which Members may be reimbursed from their Constituency Work Expense Allowances.

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95. ADVERTISING

Members may choose from the following advertising formats:

  • Newspapers, Magazines;

  • Radio – must include means of contacting Member;

  • Television (still image);

  • Social media;

  • Posters – restricted to 11”x17”; and

  • Third party not-for-profit publications such as calendars and programs.

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Any of the above that originate outside the NWT, provided the Member can demonstrate that the advertisement will also be circulated within his or her constituency.

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Two or more Members who represent the same community may share advertising costs. These advertisements must contain some form of contact information.

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Advertisements must include:

  • Member’s name and electoral district;

  • Member’s contact information – Legislative Assembly owned phone number, email address and/or website/social media account;

  • Adhere to the Legislative Assembly Visual Identity Standards and branding

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Advertisements may include:

  • Constituency Office address;

  • Legislative Assembly address;

  • Member’s picture;

  • Non-commercial organization’s logo or trademark provided express permission has been granted.

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Advertisements that include any of the following are not allowable:

  • Reference to a political party including political party name, logo, activities, fundraising;

  • Soliciting contributions or donations in any form, and for any group or individual;

  • Identify the Member’s sponsorship of events, individuals or groups;

  • Information related to a commercial organization;

  • Recognition of individuals who are not constituents;

  • Reference to a Member’s re-election campaign;

  • Reference to the election of any candidate or party, in any public Election;

  • Reference to private business interests of any Member of the Legislative Assembly;

  • Content that disparages any political position or Member; and/or

  • Information regarding public events that are taking place outside of the NWT.

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95.1 SIGNAGE

Members may purchase signage to be used at events at which the member is present. Signage must:

  • be pre-approved by Members’ and Precinct Services;

  • comply with Legislative Assembly Visual Identity Standards and branding;

  • comply with advertising policies; and

  • be mobile or temporary.

 

Examples of acceptable signage are banners or sandwich boards, but not billboards. There are no restrictions on size, materials or design.

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96. NEWSLETTERS AND PRINTED MATERIAL

Members may be reimbursed from the Constituency Work Expense Allowance for the production and delivery of newsletters and other printed material for distribution to constituents. Members may pay not-for-profit groups up to $1000 per community to deliver Christmas cards, Newsletters and other printed material, unless delivered via Canada Post.

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Members may also be reimbursed for the cost of purchasing information to be included in the Member’s newsletter, up to a maximum value of $200 per item.

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97. PROMOTIONAL ITEMS

Members may access their Constituency Work Expense Allowance to purchase promotional items intended to facilitate communication between the Member and their constituents, that fall within the following categories: mouse pads; calendars; refrigerator magnets; office note pads; beverage containers (coffee mugs, glasses, water bottles, thermos bottles); pens; key chains; hats; calculators;; tote bags; USB keys, picnic kits, blankets and promotional stickers. ​Members who wish to purchase items not specifically listed within the defined categories are required to seek approval from the Clerk of the Legislative Assembly. 

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All promotional items shall adhere to the Legislative Assembly Visual Identity Standard and branding and must include the Member’s contact information on the surface of the item itself. The contact information may include the Member’s name, constituency, and Legislative Assembly owned telephone number(s), including the toll-free Legislative Assembly telephone number, e-mail address, mailing address or website address. Promotional items shall not exceed $20 per item if manufactured outside of the Northwest Territories and $30 per item if manufactured within the Northwest Territories. Members should note that the cost of embossing is included in the above monetary limits.]

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A Member may purchase promotional items which do not fall into the above-listed categories and do not include contact information only if the item is valued under $5.

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Promotional items may not be delivered by groups unless the item is valued under $5 and adheres to the Legislative Assembly Visual Identity Standards and branding. The spirit and intent of promotional items is that a Member hands these out personally to constituents, or is present at the event where they are being handed out (i.e. constituency meetings, community events).

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A Member shall not use more than 15% of their Constituency Work Expense Allowance for the purchase of any of the promotional items listed in this section.

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Members may also purchase, from their Constituency Work Expense Allowance, items carried by the office of Public Affairs and Communications up to a $30 limit. Please refer to Section 129 of the Handbook for further details regarding promotional items maintained by Public Affairs and Communications.

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98. SPECIAL OCCASION ITEMS

Members may purchase and be reimbursed for items to present to constituents to mark special occasions. Special occasions constitute a significant event or achievement in the constituent’s life. Special occasions must clearly fall within one of the following categories:

  • 50th wedding anniversary and every fifth anniversary thereafter;

  • 80th birthday and every fifth birthday thereafter;

  • graduation from high school and post-secondary educational or training programs lasting more than one year and which result in a professional designation, university degree, college diploma, trade certification or ticket.

  • territorial, national or international award presented to an individual constituent by a credible and recognized institution;

  • territorial, national or international athletic championship or award won by or presented to an individual constituent by a credible and recognized athletic organization;

  • award presented to a constituent who is being recognized by their community for their achievements;

  • death of a constituent;

  • retirement after 20 years or more of employment in the Northwest Territories.

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Special occasion items are limited to $250 per item and must be appropriate to the accomplishment being recognized. These items are not intended to defer costs, should hold no monetary value to the recipient and are intended to be purely symbolic in nature. Allowable items would include wreaths, flowers, plaques, certificates, scrolls, backpacks and briefcases.

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The item must be accompanied by a card or letter from the Member recognizing the special occasion. It is not necessary that the Member present the item to the constituent personally.

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A Member may not present these items to a relative, as defined in Section 8 (5) of the Indemnities, Allowances and Expense Regulations. A Member may not maintain an inventory of such items.

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99. PRESENTATION ITEMS

Presentation items are limited to $300 per item, and are presented to groups of constituents, or organizations within the Member’s constituency, to commemorate significant events, such as the opening of a school or other prominent facility in the Member’s constituency or a community, territorial, national or international award or achievement. Presentation items may also be presented to visiting territorial, national and international dignitaries as a matter of protocol.

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Items of this nature should allow for permanent display in a public place within the Member’s constituency (e.g. plaques or framed photographs). They are not intended to defer costs for a group or organization, should hold little or no monetary value to the recipients, serve no practical purpose and should be symbolic in nature. The item must be accompanied by a card or letter from the Member recognizing the nature of the occasion.

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Presentation items must be presented to recipients directly by the Member or the Member’s Constituency Assistant.

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Members may not maintain an inventory of such items.

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99.1 FLAGS

The Legislative Assembly will provide, on request, up to 5 full-sized territorial flags per year per Member, which Members may present to groups of constituents, or organizations within the Member’s constituency. Members may not carry over the balance of flags from one fiscal year to the next and Public Affairs and Communications will bear the costs of these flags. In an election year, the same proportion as determined in Constituency Tours and Home Travel is applied.

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Each territorial school is allocated a budget for flags and are encouraged to use this budget rather than asking a Member for one of theirs.

 

The GNWT Chief of Protocol office has territorial flags to loan to groups. Contact the office of the Chief of Protocol for more information on the flag loan program.

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100. CONTRIBUTION TO COMMUNITY FEAST OR EVENT

A community feast is defined as an event that takes place within a Member’s constituency or community that is not organized by the Member, is open to all constituents, is free of charge or requires participants to pay only a nominal fee for participation. The Member or the Member’s Constituency Assistant must attend the event. The maximum contribution to a community feast or event is $500.

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For the purposes of this policy, N’dilo is designated as being a part of the community of Yellowknife.  Accordingly, Yellowknife Members are permitted to contribute to feasts or events that take place in N’dilo.

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101. EXPENSES RELATED TO CONSTITUENCY MEETINGS

Members may be reimbursed for expenses incurred to rent a facility for a constituency meeting, as defined above. Associated costs, including the bulk purchase of food, non-alcoholic beverages, other supplies for a constituency meeting and advertising (refer to Section 95 would also be allowable expenses).

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101.1 MEETING WITH ELECTED OFFICIALS

Members may be reimbursed under the Constituency Work Expense Allowance for meal expenses, not including alcoholic beverages, related to meetings with a group of two or more elected leaders from a Member’s constituency, either in the constituency or in the capital.

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102. RESOURCE EXPENSES

Members may also be reimbursed for costs associated with research and writing services, interpretation and translation services and other relevant professional services. Newspaper and magazine subscriptions would also be eligible under this allowance. As well, registration fees for conferences and courses are allowable, providing such conferences or courses do not relate to a degree or diploma program. Registration fees for conferences or courses attended by Constituency Assistants are an allowable expense as long as the event occurs in the Member’s constituency or in the Capital.

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103. COMPUTER HARDWARE AND SOFTWARE

Computer hardware (desktops, laptops and tablets) and software licenses supplied to a Member by the Legislative Assembly will be purchased through the Technology Service Centre (TSC) by Members’ and Precinct Services.   As described in Section 119.4, the Legislative Assembly will provide all Members and Constituency Assistants with a personal computer system.

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Members may purchase additional computer hardware and software from their Constituency Work Expense Allowance.  Members’ and Precinct Services will facilitate these purchases through the TSC. Only government owned computer hardware and software will be allowed access to the government network and will be supported by the TSC.

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104. MEMBERSHIP IN COMMUNITY ORGANIZATIONS

Members may be reimbursed from the Constituency Work Expense Allowance for membership fees in community or other organizations if the organization, or a chapter of the organization, is located within the Member’s constituency and membership in the organization would assist the Member in the fulfillment of their duties. Membership fees in service organizations, such as the Legion, Elks or Rotary, are not allowable expenses.

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105. VEHICLE LEASE OR RENTAL

A Member wishing to use their Constituency Work Expense Allowance to lease or rent a vehicle for constituency travel, outside of their home community or the Capital, must keep accurate records of the actual use of the vehicle for constituency travel and for personal travel. A claim for reimbursement for a vehicle lease and insurance will only be processed when the Member advises, on the approved form, the percentage of the vehicle use that is constituency related and that which is personal.

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Members should note that a vehicle lease will not be considered a Constituency Work Expense and the lease expense will not be reimbursed if a benefit accrues to the Member as a result of the lease. Costs associated with the lease or rental of a vehicle for use by the Member within their community of residence will not be reimbursed.

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106. DOOR PRIZES

Members may provide door prizes at events organized by the Member or at events sponsored by others, provided that the door prize meets the definition of a promotional item as set out in Section 97 of this Handbook.

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107. FINANCIAL INTEREST

Members will not be reimbursed for a constituency work expense when certain persons have a financial interest in the contract or other arrangement under which the expense was incurred, unless the reimbursement is specifically approved by the Board of Management in advance of the expenditure being incurred.

If any Member, or the spouse or relative of any Member, has a financial interest in the arrangement, or in a corporation that has a financial interest in the arrangement, expenses incurred under the arrangement will not be reimbursed. This applies if the Member knew, or ought reasonably to have known, of the existence of that person’s interest.

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The definition of “spouse” under the Legislative Assembly and Executive Council Act includes persons who are cohabiting outside marriage. Refer to Section 1 of the Act for the full definition of “Spouse”.

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Under Section 8 of the Indemnities, Allowances and Expense Regulations, a “relative” of a Member includes:

  • a child, grandchild, brother, sister, parent or grandparent of the Member or of the Member’s spouse; and

  • the spouse of any of the above persons.

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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 arrangement. The term “financial interest” encompasses both a direct interest and a beneficial interest in the contract or arrangement.

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Example: Mr. C, a Member of the Legislative Assembly, rents a facility from Ms. D for the purpose of holding a constituency meeting. Ms. D is no relation to Mr. C and is not a Member of the Legislative Assembly. However, Mr. C is aware that Ms. D holds the property on trust for Ms. E. Ms. E is the daughter of a Member of the Legislative Assembly. Ms. E, a relative of a Member of the Legislative Assembly, has a beneficial interest in the contract pursuant to which the expense was incurred. As a result, Mr. C’s claim for reimbursement will be denied, unless approval of the Board of Management has been obtained.

 

The term “financial interest in a corporation” encompasses both an interest in shares and an interest in the debt of a corporation, other than a public corporation or a corporation that provides a public utility.

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Example: Ms. F purchases her constituency office supplies from a local office supply company, Officeco. Ms. G, also a Member of the Legislative Assembly, holds a minor interest in the shares of Officeco. Ms. F is completely unaware and has no way of knowing that Ms. G has an interest in the shares of Officeco. Ms. F’s claim for reimbursement of her office supply expenses will be allowed. If, on the other hand, Ms. F was aware or should have been aware of Ms. G’s interest in the shares of Officeco, her claim for reimbursement of office supply expenses would be denied, unless approval of the Board of Management had been obtained.

 

Example: Mr. H, a Member of the Legislative Assembly, leases a vehicle that he uses for constituency purposes from car rental company, Carco. Carco is 100% owned by Mr. H’s friend, Mr. I. At a time when Mr. I was experiencing financial difficulty, Mr. H made a loan to Carco in exchange for a promissory note. The loan is still outstanding. Mr. H, a Member of the Legislative Assembly, has a financial interest in a corporation that has a financial interest in the leasing contract. As a result, Mr. H’s claim for vehicle leasing expenses will be denied, unless approval of the Board of Management is obtained.

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Members should seek advice from the Clerk or Law Clerk if there is any doubt as to whether a spouse or relative of any Member has a financial interest in an agreement relating to constituency work. Otherwise, Members may risk being denied reimbursement for the constituency work expenses.

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108. EXPENDITURE MANAGEMENT

On a monthly basis, Members will receive an expenditure management statement.  The statement will list all expenses that have been incurred year-to-date and all commitments that have been made up to the fiscal year end (March 31) against the Constituency Work Expense Allowance.  Interim statements will be provided upon reasonable request. Members may contact Members’ and Precinct Services at any time to request the current free-balance in their Constituency Work Expense Allowance.  Members are responsible for managing their Constituency Work Expense Allowance and for ensuring it is not exceeded.

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A Member who exceeds their Constituency Work Expense Allowance at any time will be personally responsible for the excess expenditures. Where money is owed to the Legislative Assembly, the Member must reimburse the Assembly in the full amount or the over-expenditure will be recovered from the Member’s indemnity or set off against any other entitlement due to the Member or former Member.

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109. CONSTITUENCY EXPENSE PAYMENT

Requests to procure goods or services under the Constituency Work Expense Allowance must be made to Members’ and Precinct Services.  Upon receipt of an invoice for goods or services and with the Member’s approval, Members’ and Precinct Services will pay the supplier directly.

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Where a Member has incurred a constituency work expense personally, they must submit a request for reimbursement to Members’ and Precinct Services.  The request must be made on the approved form and supported by the original receipt.  If the receipt is unavailable, the Member must swear a Statutory Declaration in support of the missing receipt.

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In order to ensure that current year expenses are paid against the current year allowance, invoices and reimbursement of expenses must be submitted by the year-end deadline. However, in certain circumstances, a Member may request payment for an old year invoice, provided that expenses are allowable under the Regulations and this Handbook, and that the Member had adequate funds in their Constituency Work Expense Allowance to cover the expense in the appropriate fiscal year. Requests for the payment of old year invoices not exceeding $1,000 may be approved by the Clerk of the Legislative Assembly. Requests for the payment of old year invoices in excess of $1,000 must be approved by the Board of Management. An old year charge that has not been accrued and is subsequently approved by the Clerk or the Board of Management will be charged to a Member’s new year allowance.

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110. TABLING AND INSPECTION OF CONSTITUENCY EXPENSES 

Section 35(c) of the Legislative Assembly and Executive Council Act requires the Speaker to table, in each fiscal year, a detailed report for each Member showing the total amount paid under the Member’s Constituency Work Expense Allowance, a breakdown of the types of expenses for which reimbursement was paid and the amount that was paid. The itemizing of expenses will include, but is not limited to, the following expenses:

  • travel and transportation including details on travel outside the Northwest Territories;

  • materials and supplies including detail on the amounts spent on promotional items, special occasion items and presentation items;

  • purchased services including details on contributions to community feasts and events;

  • contract services;

  • fees and payments;

  • computer hardware and software; and

  • Constituency Assistants.

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Under Section 20 of the Indemnities, Allowances and Expense Regulations, any person may inspect and obtain a copy of a claim for reimbursement or the documentation relating to a direct payment that was made under a Member’s Constituency Work Expense Allowance within the previous five years. The Clerk, as soon as is reasonably practical after receiving such a request, will notify the relevant Member.

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Before allowing a person access to constituency work expense claims or documentation, the Clerk will strike out any private information on the documents that is unrelated to the claim. As well, a Member may apply to the Board of Management for a direction that certain information not be made available for inspection or copying if it would reasonably be expected to pose a threat to the security of any person.

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111. PROPERTY INVENTORY AND DISPOSAL

Each Member is required to account annually for all property that has been provided to them by the Legislative Assembly or for which the Member has been reimbursed from their Constituency Work Expense Allowance. Members’ and Precinct Services will maintain an inventory of each Member’s property and will update it as required.

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Lost or stolen items must be reported immediately to Members’ and Precinct Services. In the case of an item presumed stolen, the Member is also required to report the incident immediately to the appropriate law enforcement agency. In addition, Members are required to complete a Statutory Declaration stating that the item has been lost or stolen, a description of any efforts made to retrieve the item, RCMP report number and confirmation that the item, if found, will be returned to the Legislative Assembly.

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If a Member wishes to dispose of or have removed from their inventory, for any reason, items under the purchase value of $500, they must do so by notifying Members’ and Precinct Services. In order to write-off and dispose of items exceeding $500 in value, Members are required to request the approval of the Board of Management. Reasons for disposal or deletion of an item may include breakage or obsolescence or that the Member no longer has use for the item. The following process should be followed:

  • Member to contact Members’ and Precinct Services to determine the value of the item for disposal. If the item for disposal is below $500, direction will be provided to the Member for the return or disposal of the item. If the item exceeds $500 in value the Member will compose a letter addressed to the Board of Management and forward to the Clerk of the Legislative Assembly requesting the Clerk place the matter before the Board of Management for decision.

  • The request must identify the item to be disposed of or deleted from the Member’s inventory as well as the reason for the request. Members’ and Precinct Services is available to help prepare the submission on request.

  • Once the Board of Management has approved a request for disposal or deletion, the Member must either return the item to the Legislative Assembly or dispose of it according to the direction of the Clerk. An item that has been returned or disposed of will be removed from the Member’s inventory.

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A Member may not purchase any property provided by the Legislative Assembly or reimbursed through the Member’s Constituency Work Expense Allowance and Capital Accommodation Allowance except under the circumstances listed below.

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If a Member is defeated in an election or does not seek re-election, the Member may purchase property acquired through the Constituency Work Expense Allowance and the Capital Accommodation Allowance,  provided that such property was purchased not less than one year prior to the election. The cost of this inventory will be calculated using the Classes of Depreciable Property rates provided by the Canada Revenue Agency (CRA).

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In the event a Member moves from their home community to the Capital during the term of an Assembly, they may purchase furniture that has been acquired through the Capital Accommodation Allowance.  The cost of this furniture will be calculated using the CRA Classes of Depreciable Property rates.

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In the event a Member does not seek re-election and does not return their inventory, they will be invoiced for the cost of the inventory based on the CRA Classes of Depreciable Property rates.

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