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Members' Handbook

BOARD OF MANAGEMENT

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18. BOARD STRUCTURE

The Board of Management is a body corporate established under the Legislative Assembly and Executive Council Act. The existence of the Board reflects the right and privilege of the House to govern its internal affairs.

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The Board of Management is composed of:

  • the Speaker (who acts as Chairperson);

  • two Ministers on the recommendation of the Premier; and

  • two Members, other than the Speaker or the Deputy Speaker.

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The Clerk acts as Secretary to the Board. Initial appointments to the Board of Management, as well as alternate appointments, are made by resolution of the Legislative Assembly at its first Session. The term of office for Board members and alternates is the duration of the Legislative Assembly or sooner if the appointment is revoked by the Legislative Assembly. Should a vacancy on the Board of Management occur, the Board may appoint an alternate or interim member until such time as a resolution adopted by the Assembly fills the vacancy.

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In the event the Speaker is unavailable or unable to act, or the position is vacant, the Deputy Speaker shall act as Chairperson of the Board of Management until the Speaker returns to his or her duties or a new Speaker is appointed. If both the Speaker and the Deputy Speaker are absent or unable to act as Chairperson, the members of the Board may choose an acting Chairperson from among their members to perform the duties of Chair until either the Speaker or the Deputy Speaker are able to fulfill their duties.

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18.1 RESPONSIBILITIES AND AUTHORITIES

The Board is responsible for the overall management and administration of the Legislative Assembly including the provision of services to Members and the establishment of policies regarding their conduct. The Board of Management is independent of the Executive Council and is accountable to individual Members and the House. Its powers are laid out in the Legislative Assembly and Executive Council Act. Its responsibilities include, but are not limited to:

  • compiling and preparing the annual budgetary estimates for the Legislative Assembly and transmitting these to the Minister of Finance for inclusion in the Estimates in accordance with the Financial Administration Act;

  • providing services to Members that it considers appropriate;

  • administering the indemnities, allowances, reimbursements and benefits to which Members are entitled;

  • providing for the management and administration of the Office of the Legislative Assembly;

  • establishing regulations and policies for all services to be provided to Members;

  • management and administration of the Members’ pension plans in accordance with the Legislative Assembly Retiring Allowances Act and the Supplementary Retiring Allowances Act;

  • ensuring that the cultures and traditions of the NWT and the dignity of the Legislative Assembly are reflected in the décor and the dress in the Legislative Assembly; and

  • providing for any other financial or administrative matter that the Board considers necessary in respect of the Legislative Assembly or the Office of the Legislative Assembly.

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In exercising its powers and authorities, the Board of Management may direct that any regulation, order or directive made under the Financial Administration Act or any regulation, order or policy made under the Public Service Act is inapplicable to, or is varied in respect of, the Office of the Legislative Assembly or any of its officers or employees.

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Section 42 of the Legislative Assembly and Executive Council Act requires the Speaker, as soon as is reasonably practicable in each fiscal year, to table any policies made by the Board of Management in the previous fiscal year in respect of Members’ indemnities or allowances or the expenses for which Members may be reimbursed. The Speaker may also table any other policies when he or she feels it is appropriate to do so.

In accordance with the Regulations and this Handbook, the Speaker is also required to table any regulations made or amended under the Act as soon as reasonably practicable.

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18.2 BOARD MEETINGS

All proceedings of the Board are open to the Public, except where the Board has determined that all or a portion should be held in camera. Meetings are normally held at the Legislative Assembly but may be held at other locations within or outside the Territory at the Board’s discretion. The Secretary will notify all Members a week in advance of the meeting and post on the Assembly’s website and social media pages. A public service announcement will also be issued three days before the meeting.

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Meeting agendas and supporting documentation will be distributed to Board Members no later than two days prior to a meeting of the Board. Copies of the agendas for meetings of the Board are public but documents prepared in support of specific agenda items are confidential unless otherwise directed by the Chairperson or the Board.

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Members of the Legislative Assembly wishing to have a matter considered by the Board should notify the Chairperson or Secretary to the Board, in writing, at least five business days in advance of the meeting. Wherever possible, Members should provide background information in support of the matter to the Secretary at the time of notice.

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The Chairperson and at least one Minister who is a Member of the Board and one Member of the Board who is not a Minister constitute a quorum. All members of the Board are entitled to one vote and the Chair votes only in the event of a tie vote. Alternate members of the Board are invited by the Chair to attend meetings and vote only when required to establish a quorum or when the Chair feels the attendance and participation of alternate Members would be beneficial.

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The Chairperson may call an emergency meeting of the Board when a situation arises that requires immediate action. In such circumstances, the notice of meeting shall be posted as far in advance as possible, in the Legislative Assembly building and on the Assembly’s web site and social media pages. If time allows, a public service announcement will also be made. Agendas and supporting documentation for emergency meetings will be provided to Board Members as far in advance of the meeting as possible.

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The Board may direct that a meeting or a portion of a meeting be held in camera under the following circumstances:

  • A personnel matter relating to an employee, an officer of the Legislative Assembly or other statutory officer;  or relating to an individual being considered for appointment as an employee, officer of the Legislative Assembly or other statutory officer;

  • A matter involving the physical or electronic security of the Legislative Assembly, its Members, employees, or statutory officers ;

  • A contractual matter, prior to the execution of the contract; 

  • A Legal matter, involving legal advice or discussion of actual or potential litigation;

  • Draft legislation, budgets and business plans, prior to the introduction of the draft legislation, estimates or  business plans in the Legislative Assembly; and

  • Any other matter, where the Board determines the matter engages the principles of privacy and data protection laws.

 

Where a meeting or portion of a meeting is held in camera, the reason will be recorded by the Secretary and noted in its record of proceedings. The reason will be given to a Member or members of the public upon request.

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18.3 DISCIPLINE

It is the responsibility of the Chairperson to ensure that all Members are fulfilling their Board obligations by:

  • attending meetings regularly and on time;

  • preparing for meetings by reviewing all agenda materials in advance; and

  • participating in meetings in a productive way.

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Actions which warrant the discipline of the Board include, but are not limited to:

  • violating any provision of the Legislative Assembly and Executive Council Act and its regulations or any provision of this Handbook that deals with the conduct and responsibilities of Members of the Legislative Assembly;

  • disclosing confidential information without Board approval;

  • attending a meeting under the influence of alcohol, cannabis or other mind-altering substance; and

  • being absent from meetings without a valid excuse.

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If a Member acts in a way as to warrant discipline, the Board may suspend the Member from the Board for a period up to three days in duration. If a Member has been suspended from the Board for a period of time, the Speaker will report said suspension to the House under Reports of Committees. The Board may, at any time, recommend to the House that a Member be removed from the Board of Management.

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18.4 RECORD OF PROCEEDINGS

A decision of the Board of Management will be in the form of a Record of Decision. Once approved by the Chairperson and countersigned by the Secretary to the Board of Management, Records of Decision will be distributed to all Members within five working days. However, where a Record of Decision arises from an in camera meeting or portion of a meeting, the Record of Decision will be kept confidential unless otherwise directed by the Board. The Secretary to the Board will maintain all Board records, including agendas and supporting materials, meeting attendance and Records of Decision.

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Any person may, upon request to the Board Secretary, inspect and obtain a copy of any Record of Decision of the Board of Management made within the previous five years, other than those arising from an in camera meeting of the Board. All records of the Board of Management, other than Agendas and Records of Decision arising from public meetings, are confidential unless otherwise directed by the Board.

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Confidentiality respecting in camera proceedings and confidential documents must be maintained by all Members, Officers and employees of the Legislative Assembly in accordance with the Rules of the Legislative Assembly, parliamentary practices and traditions, and in keeping with the privileges enjoyed by all Members individually and the Legislative Assembly collectively. The unauthorized disclosure of confidential Board information may constitute a breach of privilege and may be subject to the discipline of the House.

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