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Members' Handbook

RESPONSIBILITIES AS A MEMBER

2. STATUTORY OATH/AFFIRMATION OF ALLEGIANCE

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All Members elected or re-elected to the Legislative Assembly must take and subscribe to an oath of allegiance or make a solemn declaration and affirmation of allegiance before taking their places in the Assembly. The form of the oath is prescribed by the Legislative Assembly and Executive Council Act as follows:

 

Oath or Affirmation of Allegiance

I, (Member’s Name) do swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors according to the law. So help me God. (omit last sentence in an affirmation)

 

3. STATUTORY OATH/AFFIRMATION OF OFFICE

All Members elected or re-elected to the Legislative Assembly must also take and subscribe to an oath of office or make a solemn declaration and affirmation of office before taking their places in the Assembly. The form of the oath is prescribed by the Legislative Assembly and Executive Council Act as follows:

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Oath or Affirmation of Office

I, (Member’s Name), do solemnly swear (or affirm)

that I am fully qualified to hold the office of member for the district of (Constituency Name) to which I have been elected;

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

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

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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)

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4. STATUTORY OATH/AFFIRMATION OF LOYALTY

All Members elected or re-elected to the Legislative Assembly must take and subscribe to an oath of loyalty or make a solemn declaration and affirmation of loyalty before taking their places in the Assembly. The form of the oath is prescribed by the Legislative Assembly and Executive Council Act as follows:

 

Oath or Affirmation of Loyalty

I, (Member’s Name) do swear (of 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)

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5. MEMBER'S CODE OF CONDUCT

All Members of the Legislative Assembly are required to conduct themselves in a manner that instills trust and confidence on the part of the general public in their elected officials. The Code of Conduct for Members of the Legislative Assembly was adopted by the 18th Assembly to guide Members as they perform their duties as Members of the Legislative Assembly and represent their constituents in the NWT. The Code of Conduct applies to all Members, and anyone can make a complaint about a Member’s conduct to the Integrity Commissioner.

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The code of conduct for members of the Legislative assembly is as follows:

 

Part 1: Statement of Commitment

1. As Members of the Northwest Territories Legislative Assembly, we acknowledge that we have accepted a responsibility to serve the people of the Northwest Territories. We seek wisdom, strength, courage, honesty and compassion from the people of the North, both from those who have built our past and from those who are shaping our future. As legislators elected to govern the Northwest Territories, we will do our utmost to:

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  • Hear the voices of all that live in the Northwest Territories;

  • Preserve Indigenous Traditional Knowledge, languages and the traditions of the various cultures and bridge them with new ways to build a better future for people in the Northwest Territories;

  • Provide legislation, policies and services for the good of the people as individuals, families and communities;

  • Promote the equality and equity of all people in the Northwest Territories;

  • Distribute resources fairly and justly; and

  • Respect and honour our land and all its inhabitants.

 

Part 2: Principles

2. Members must act lawfully and in a manner that will withstand the closest public scrutiny, upholding the integrity and honour of the Legislative Assembly and its Members. Members shall ensure their conduct does not bring the integrity of their office or of the Legislative Assembly into disrepute.

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3. Members must treat members of the public, one another and staff appropriately and without harassment. Members must take all reasonable steps to ensure work environment is free from harassment.

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4. Members must carry out their official duties objectively and without consideration of personal or financial interests, and must arrange their personal affairs so as to maintain the trust and confidence of the public.

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5. In performing their official duties, Members must use public resources prudently and only for the purposes of which they are intended. Members of the Assembly shall not use, or allow the use of, public property or services for personal gain.

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6. Members must give priority to their duties as a Member over all other duties and offices they hold and must dedicate themselves to fulfilling their duty to effectively represent residents of the Northwest Territories.

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7. Members must take appropriate steps to protect the confidentiality of any personal information, personal health information, or other confidential information that comes into their possession.

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8. This Code is not designed to be exhaustive, and there will be occasions on which Members will find it necessary to adopt more stringent standards of conduct in order to protect the public interest and to enhance public confidence and trust.

 

Part 3: Effect of the Code of Conduct

9. The Code of Conduct has a continuing effect except as amended or rescinded by resolution of the Legislative Assembly.

 

A guide to the rules relating to the conduct of members, which provides a more detailed description and examples of each principle is available upon request.

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6. WORKPLACE HARASSMENT POLICY

The Northwest Territories Legislative Assembly is committed to a healthy, harassment-free and non-discriminatory workplace for all Members of the Assembly, employees of the Assembly and Constituency Assistants. All Members are responsible for fostering and maintaining an environment that is free of harassment and discrimination.

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Persons who allege harassment or discrimination by a Member can seek resolution under this Policy or choose another option for resolving harassment issues, including policies in place with the Government of Northwest Territories, remedies available under the Human Rights Act, complaints to the Integrity Commissioner under the Members’ Code of Conduct, and remedies available in either the civil or criminal courts.

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6.1 DEFINITIONS

Harassment

For the purposes of this policy, harassment means any improper behaviour by a Member:

  • that is directed to and is offensive to any Member, Constituency Assistant, employee, volunteer or intern of the Legislative Assembly, contractor performing work for the Legislative Assembly, page or Youth Parliamentarian, or Statutory Officer; and

  • which the Member knew or ought reasonably to have known would be unwelcome.

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Harassment includes conduct, comment or display, made on either a one-time or an on-going basis that demeans, belittles or causes personal humiliation or embarrassment to any of the people to whom the policy applies. Harassment includes sexual harassment.

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There may be circumstances where a single incident would not be considered to be harassment but a series of such incidents would constitute harassment.

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Harassment may be based upon personal characteristics including race, colour, ancestry, nationality, ethnic origin, place of origin, creed, religion, age, disability, sex, sexual orientation, gender identity, gender expression, marital status, family status, family affiliation, political association or social condition, and without regard to whether he or she has had a conviction for which a pardon or record suspension has been granted.

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Harassment includes retaliation against a person for having invoked this policy, for having participated in procedures under this policy as a witness, or for having otherwise assisted a person who has invoked this policy or participated in these procedures.

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SEXUAL HARASSMENT

Sexual harassment means any conduct, comment, gesture or contact of a sexual nature, whether on a one-time basis or in a continuous series of incidents that:

  • might reasonably be expected to cause offence or humiliation to any of the people to whom this Policy applies;

  • might reasonably be perceived as placing a condition of a sexual nature on employment or the business relationship or on an opportunity for training or promotion;

  • might reasonably be perceived as a promise of reward for complying with a sexually oriented request or as a threat, reprisal or denial of opportunity for refusal to comply with a sexually oriented request; and/or

  • might reasonably be perceived as creating an intimidating, hostile or negative work environment.

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DISCRIMINATION

Discrimination is an act, behaviour or practice, which may be intentional or unintentional, that has the purpose or effect of making an adverse distinction against a person or a group of persons based on a prohibited ground of discrimination under the Human Rights Act.

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COMPLAINT

A complaint includes a complaint respecting:

  • harassment, sexual harassment or discrimination;

  • retaliation for the lodging of a complaint; and/or

  • breach of an undertaking made in the context of a complaint process as to future conduct.

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6.2 EXAMPLES OF HARASSMENT

Harassment can include, but is not limited to, the following:

  • unwelcome remarks, jokes, innuendoes or taunts of a sexual or racial nature, causing embarrassment or offence;

  • display of objectionable materials that are sexually explicit;

  • refusal to work with a person because of gender, racial background or other personal characteristics;

  • insulting gestures, jokes, disparaging written materials based on race or gender;

  • degrading or derogatory remarks;

  • unwelcome sexual advances, propositions, or inquiries and/or comments;

  • persistent, unwanted contact or attention after the end of a consensual relationship;

  • inappropriate physical contact or touching or seeking sexual favours; and

  • verbal or physical abuse or threats.

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6.3 LOCALE OF HARASSMENT

This policy applies to any harassment that may occur at, but is not limited to, the following:

  • the Legislative Assembly building,

  • Legislative Assembly social functions,

  • work-related conferences, work-related travel,

  • in Members’ constituency offices,

  • in the offices of a statutory officer of the Legislative Assembly, and

  • over the telephone, via email or on social media.

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There is a sufficient connection with the Legislative Assembly for the purposes of this policy if the behaviour interferes, or could reasonably be regarded as being capable of interfering, with the proper functioning of the Legislative Assembly or with a person’s dignity or privacy in respect of matters connected with the person’s relationship with the Legislative Assembly.

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6.4 INTENT

Lack of intent on the part of the harasser is not a defense. The impact of the behaviour on the recipient is of primary importance.

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6.5 Complaint Procedure

INFORMING MEMBER

If possible, and if reasonable and appropriate under the circumstances, a person who believes that they are being harassed or discriminated against by a Member should tell the Member, either personally or with the assistance of another person, that the Member’s behaviour is unwelcome and ask the Member to stop.

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DOCUMENTATION

Any person who believes that they are being harassed or discriminated against by a Member is encouraged to keep a written record of the date, time and nature of the incident(s), as well as the names of any witnesses.

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SUPPORT SERVICES

A person who believes that they are being harassed or discriminated against by a Member may contact the Clerk to discuss the situation. The Clerk will give the complainant a copy of this policy and upon request, will assist the person to reach an informal resolution of the matter with the Member.

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If the person who believes they are being harassed or discriminated against is uncomfortable approaching the Clerk, he or she may approach the Law Clerk to discuss the situation and obtain assistance in reaching an informal resolution of the matter.

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WRITTEN COMPLAINT

If the behaviour continues after the Member is informed that it is unwelcome, or if direct communication with the Member by the complainant is not reasonable and appropriate, a person who believes that they are being harassed or discriminated against by a Member may make a written complaint to the Clerk.

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If the person making the complaint is not comfortable making a complaint to the Clerk, or where the person believes the Clerk may not be able to respond to the complaint in an objective matter, the person may make a written complaint to the Law Clerk. Where a complaint is made to the Law Clerk, they will follow the same process as is laid out for when the Clerk receives a complaint.

 

Upon receipt of a written complaint, the Clerk may, with written reasons to the complainant, dismiss a complaint as being frivolous, vexatious or otherwise without merit. A matter without merit may include a matter where the behavior described does not establish a prima facie case of discrimination or harassment.

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CONSENT TO MEDIATION

Upon receiving a written statement from the complainant, the Clerk will determine whether the complainant consents to mediation.

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NOTIFICATION OF MEMBER

Within five working days of receiving a written statement, the Clerk will notify the Member in writing that a complaint has been made, outline the substance of the complaint and provide the Member a copy of this policy. The Clerk will advise the Member whether the complainant has consented to mediation. Where the complainant has consented to mediation, the Clerk will advise the Member that the Member may indicate their consent to mediation within ten working days.

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APPOINTMENT OF MEDIATOR

Where both parties have consented to mediation, the Clerk will, as soon as is practicable, select an independent mediator who has completed recognized training in mediation and who is agreed to by both parties. The Legislative Assembly will pay the cost of the mediator. If the parties are unable to agree on the selection of a mediator after reasonable effort, the complaint will be referred to arbitration.

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EXCLUSION FROM MEDIATION

The mediator must exclude from mediation complaints received in the following circumstances:

  • where there is a significant power imbalance between the complainant and the Member;

  • where there is such a significant disparity between the complainant’s and the Member’s accounts of the events with which the complaint is concerned that mediation would be unworkable; or

  • where the severity of the alleged behaviour or the public interest requires an investigation of the complaint and arbitration.

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MEDIATION WITHOUT PREJUDICE

Mediation will be conducted without prejudice.

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CONCLUSION OF MEDIATION

The mediation period will be concluded within a period of 20 working days of the appointment of the mediator, unless this period of time is extended by mutual agreement of the parties, and the mediator. If a resolution is achieved as a result of mediation, a written copy of the resolution will be signed by both parties and forwarded to the Clerk. The resolution may include undertakings as to future conduct.

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6.6 ARBITRATION

If mediation is not feasible or appropriate, if the mediation process is concluded with no resolution, or if the unwelcome behaviour continues after mediation is concluded, the complainant may request that the matter proceed to arbitration.

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APPOINTMENT OF ARBITRATOR

Where the complainant has requested arbitration, the Clerk will, after giving reasonable notice to the Member complained of and the complainant, appoint an independent arbitrator to adjudicate the matter, from a list of eligible persons approved by the Board of Management. The Legislative Assembly will pay the costs for arbitration.

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INQUIRY PROCESS

The arbitrator shall conduct the arbitration in private. Both parties must be advised of the right to be represented independently, including by legal counsel. An arbitrator:

  • has the powers of a Board under the Public Inquiries Act, including the power to engage the services of counsel, experts and other persons referred to in section 10 of that Act; and

  • is not subject to technical rules of evidence.

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EVIDENCE OF MEMBER

The Member complained of may not refuse to give evidence during the arbitration.

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DISPOSITION OF COMPLAINT

At the conclusion of the arbitration, the arbitrator shall submit a disposition report outlining the arbitrator’s recommendations for disposition of the complaint, with reasons, to the Board, the Member complained of and the complainant.

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ANONYMITY OF COMPLAINANT

Upon the request of the complainant, and where the arbitrator considers it reasonable and appropriate in the circumstances, the arbitrator may protect the anonymity of the complainant in the disposition report. Where the complainant is not identified in the report, no person may disclose the identity of the complainant, except:

  • for the purposes of an arbitration under this policy;

  • where there is reason to believe that an individual or group is at risk of physical harm; and

  • as required by law.

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CONSIDERATION OF REPORT BY BOARD OF MANAGEMENT

The Board shall consider a disposition report made under this policy within 30 days of receipt.

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DISPOSITION BY BOARD OF MANAGEMENT 

The Board may decide to take no further action in the matter, may reprimand the Member or the complainant, or may recommend to the Legislative Assembly any further disciplinary action to be taken against the Member.

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6.7 HANDLING OF COMPLAINTS

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CONFIDENTIAL INFORMATION

Subject to this policy, the Clerk and officers of the Legislative Assembly, mediators and persons employed or engaged in the Office of the Legislative Assembly or by a mediator or arbitrator shall maintain the confidentiality of any confidential information received in the course of the administration of this policy.

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DISCLOSURE OF INFORMATION

Confidential information received in the course of the administration of this policy may be disclosed:

  • to a Member who is the subject of a complaint;

  • to a complainant;

  • for the purposes of an inquiry under this policy, unless the information relates to mediation provided for by this policy;

  • where there is reason to believe that an individual or group is at risk of physical harm; and/or

  • as required by law.

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EXPEDIENCE

All complaints will be dealt with as quickly as practicable.

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SUBSEQUENT EVENTS

Events that take place after a complaint has been made may, without the filing of a further complaint but with due notice to the complainant or the Member, be included in a mediation or an arbitration.

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6.8 PROTECTION OF MEMBERS’ FUNCTION

Nothing in this policy shall be construed so as to prevent or impede the proper exercise of a Member’s function as a Member of the Legislative Assembly, including the ordinary and proper representation of members of the public.

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6.9 LEGAL COSTS

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FINANCIAL SUPPORT FOR LEGAL ADVICE AT THE OUTSET OF THE COMPLAINT

Members and persons who believe they are being harassed or discriminated against by a Member may write to the Speaker, as Chair of the Board of Management, requesting financial support up to a maximum of $5,000 for the purpose of obtaining legal advice at the outset. Any amount of financial support provided under this Part is deducted from the total amount of legal fees that may be reimbursed to the Member or person pursuant to the Policy.

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COMPLAINT SUBSTANTIATED

If the complaint is substantiated, the Legislative Assembly will reimburse the complainant for the reasonable costs of legal representation. The Legislative Assembly will not reimburse the Member for any expenses incurred or damages assessed.

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COMPLAINT NOT SUBSTANTIATED

If the complaint is not substantiated, the Legislative Assembly will reimburse the Member for their reasonable costs of legal representation. The Legislative Assembly will not reimburse the complainant for any portion of expenses incurred in the pursuit of the complaint.

 

7. CONFLICT OF INTEREST

The Legislative Assembly and Executive Council Act governs conflict of interest matters for Members of the Legislative Assembly. It sets out the definition of conflict of interest, the obligations of all Members, the disclosure requirements of Members, the complaint process regarding Members alleged to be in a position of conflict and the role of the Integrity Commissioner. Members should refer to Part 3 of the Act, Conflict of Interest, in its entirety.

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As described in Section 74 of the Act, a conflict exists when a Member participates in decision-making that would directly affect his or her private business interests or that of a spouse or dependent child. A conflict also exists if a Member fails to do something, where they know failing to do so will benefit their private business interests or that of a spouse or dependent child.  Members should refer to Section 1 of the Act for the definition of spouse and Section 73 for the definition of dependent child. Members should also refer to Section 74 (2) and (3) to be familiar with those situations that are not considered to be a conflict of interest.

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The following duties are imposed on Members by Sections 75 to 79 of the Legislative Assembly and Executive Council Act:

  • comply with the provisions of this Act and the Code of Conduct;

  • perform duties and arrange private affairs in a manner that maintains public confidence and trust in the integrity, objectivity and impartiality of the Member;

  • make all reasonable efforts to resolve any conflict of interest that may arise in favour of the public interest;

  • refrain from accepting gifts, remuneration or benefits which would erode public confidence;

  • arrange his or her private affairs in compliance with the Act and to avoid conflict;

  • not use information gained as an elected Member that is not generally available to the public to further your own interest or those of a spouse or dependent child;

  • not influence a decision of another person to promote his or her own interest or those of a spouse or child;

  • declare a conflict, the nature of it and withdraw from a meeting without voting or participating in consideration of the matter;

  • not to make representations for other persons for remuneration respecting the awarding of contracts or benefits;

  • not to enter into any contracts with the government of  NWT. Members have 60 days after the start of an Assembly to arrange their affairs so as not to be in contravention of the Act. A disclosure statement must be filed annually with the Integrity Commissioner in a form established by the Commissioner. In certain circumstances, Members may be required to file a Supplemental Disclosure Statement.

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Members are required to meet annually with the Integrity Commissioner, who provides advice to Members on how to arrange financial and business affairs so as to comply with the Legislative Assembly and Executive Council Act. Where a Member complies with the advice and recommendations of the Integrity Commissioner, no proceedings may be taken against the Member under the Act.

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Further duties of the Integrity Commissioner are described at Section 25 of this Handbook.

Members should note that there is an established transition period during which certain conflict of interest restrictions apply to Members leaving office. The transition period is directly tied to the Member’s transition allowance. Members should refer to Section 79 of this Handbook for more information on the Transition Allowance.

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Based on the transition period , the Legislative Assembly and Executive Council Act, Part 3, Sections 83 to 86 provides details on the restrictions governing the actions of former Members, Ministers and Speakers during this period. Further information on any of these matters can be obtained from the Clerk of the Legislative Assembly, the Integrity Commissioner or the Law Clerk.

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8. MEMBERS’ COSTS IN CONFLICT OF INTEREST COMPLAINTS

Section 108 of the Legislative Assembly and Executive Council Act provides that the reasonable costs of a Member complained of under the conflict of interest portion of the Act shall be reimbursed to the extent and in the circumstances provided for in the policy established by the Board of Management.

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Section 106 of the Legislative Assembly and Executive Council Act requires a Sole Adjudicator, after conducting an Inquiry, to submit a disposition report to the Speaker. A disposition report may order that the Member pay costs in an amount determined by the Sole Adjudicator.

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The Speaker must table the disposition report in the Assembly as soon as practicable.

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The Assembly shall consider the disposition report within 15 days of it being tabled, and it may order the imposition of the punishment recommended by the Sole Adjudicator, or it may reject it.

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A Member is entitled to retain legal counsel of their choice to address any complaint filed against the Member pursuant to Part 3, Conflict of Interest, of the Legislative Assembly and Executive Council Act. A Member, subject to the provisions of this policy, is entitled to receive payment for reasonable costs incurred at any point after the Member has received notice from the Integrity Commissioner that a complaint has been received respecting the Member.

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Members shall provide a copy of this policy to any counsel prior to the commencement of any agreement to represent the Member.

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8.1 HOURLY RATES

Members shall be entitled to reimbursement for the hourly rates of counsel subject to a maximum hourly charge of $250 per hour.

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To the extent that hourly rates charged by counsel for the Member exceed this amount, the Member shall be personally responsible for the payment of the differential.

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8.2 OUT OF JURISDICTION COUNSEL

The Member shall be entitled to retain counsel residing outside of the Northwest Territories, but reimbursement for travel and other costs resulting from counsel residing outside of the Northwest Territories shall only be paid if satisfactory Northwest Territories counsel was not available to the Member.

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If a Member intends to retain counsel who resides outside of the Northwest Territories, and is seeking costs of counsel to be eligible for reimbursement pursuant to this policy, the Member shall first seek the approval of the Board of Management. In seeking approval for the payment of such costs, the Member should set forth for the Board the reasons and particulars of the proposed agreement to retain such counsel. A Member is free to retain out of jurisdiction counsel without the approval of the Board, but the Member shall be responsible for all additional costs incurred as a result of counsel residing outside of the Northwest Territories.

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In circumstances where reimbursement for out of town counsel is approved, travel costs incurred for the purpose of consulting with counsel will only be approved where such consultation could not reasonably occur by other means such as telephone or electronic medium.

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Any counsel retained by the Member must be an active member in good standing of the Law Society of the Northwest Territories. Any cost associated with becoming a member of the Law Society of the Northwest Territories shall be the cost of counsel or the Member.

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8.3 MORE THAN ONE COUNSEL

Reimbursement will not be available for more than one counsel for the Member unless it can be demonstrated that additional counsel is both necessary and cost effective.

 

8.4 DISBURSEMENTS

The reasonable disbursements of legal counsel are eligible for reimbursement together with hourly rate charges. Eligible disbursements include:

  • long distance telephone charges;

  • fax charges;

  • courier charges;

  • postage charges;

  • photocopy & scanning charges;

  • court filing fees and transcript costs; and

  • travel, meals and accommodation at Federal Treasury Rates where out of town counsel is approved and where travel is necessary for the proper representation of the client. (I had a note in my files to add the Federal Treasury Rates)

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Costs incurred and normally forming part of the expected overhead of counsel shall not be reimbursed.

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8.5 REVIEW AND TAXATION OF LEGAL ACCOUNTS

Upon receipt of a legal account, which may be rendered on an interim basis, the Member shall submit the account for review by the Law Clerk and, if approved on review, the Law Clerk may direct payment by Members’ and Precinct Services.

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All accounts received for legal services shall be submitted to the Law Clerk for review and approval. In the event of any item or cost not being approved by the Law Clerk, he or she shall contact counsel to determine whether the cost or item(s) can be resolved by agreement. Failing agreement, the account shall be set down for taxation by the Clerk of the Supreme Court. Subject to any appeals from taxation, all parties shall be bound by the ruling of the taxing officer.

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8.6 ADDITIONAL AND EXTRAORDINARY COSTS

A Member shall be eligible for reimbursement for other costs incurred in answering a complaint, including:

  • costs incurred for the production of documents or copies of documents from financial institutions, registry offices or other officials;

  • costs incurred for the preparation or provision of expert advice or reports; and

  • costs associated with the attendance of witnesses at any inquiry shall be subject to the directions of the Sole Adjudicator.

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Notwithstanding any limitation contained in this policy, a Member may receive reimbursement for costs incurred upon application to the Board for that purpose. In making application for payment of additional or extraordinary costs, the Member shall provide to the Board sufficient reasons and background information, which will allow a full and considered review of the costs.

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8.7 REPAYMENT OF COSTS BY A MEMBER

If costs have been reimbursed or paid to a Member which are subsequently disallowed or not approved, the Member shall be personally responsible for the repayment of any such costs. Where money is owed to the Government, the Member must reimburse the Government in one of the following ways:

  • the Member may provide a personal cheque to Members’ and Precinct Services for the full amount of the repayment, payable to the Government of Northwest Territories; or

  • if the Member does not provide a cheque or otherwise make arrangements satisfactory to the Board of Management for the repayment of funds owing, the full amount of the repayment may be recovered from the Member’s indemnity and/or entitlement, to a maximum of ten percent of the gross amount due to the Member at the time of any such set off or recovery. The Board may further seek such other remedies, including seeking judgment against the Member for the full amount owing plus costs.

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9. COMPLAINANTS’ COSTS IN CONFLICT OF INTEREST COMPLAINTS

Section 108 of the Legislative Assembly and Executive Council Act provides that the reasonable costs of a complainant lodging a complaint under the Conflict of Interest portion of the Act shall be paid, if an inquiry is directed to be held before a Sole Adjudicator and if the Sole Adjudicator considers that the costs of the complainant should be paid. Reimbursement shall be to the extent and in the circumstances provided by policy established by the Board of Management.

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Following the decision of the Sole Adjudicator that costs should be paid, the complainant will be entitled to retain legal counsel of his or her choice. The complainant shall provide a copy of this policy to any counsel prior to the Assembly entering into an agreement with third party counsel.

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9.1 HOURLY RATES

Complainants shall be entitled to reimbursement for the hourly rates of counsel subject to a maximum hourly charge of $250.

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To the extent that hourly rates charged by counsel for the complainant exceed the maximum hourly charge, the complainant shall be personally responsible for the payment of the differential.

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9.2 OUT OF JURISDICTION COUNSEL

The complainant shall be entitled to retain counsel residing outside of the Northwest Territories, but reimbursement for travel and other costs resulting from counsel residing outside of the Northwest Territories shall only be paid if satisfactory Northwest Territories counsel was not available to the complainant.

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If a complainant intends to retain counsel who resides outside of the Northwest Territories, and is seeking costs of the counsel to be eligible for reimbursement pursuant to this policy, the complainant shall first seek the approval of the Board of Management. In seeking approval for the payment of such costs, the complainant should set forth for the Board, the reasons and particulars of the proposed agreement to retain such counsel.

 

A complainant is free to retain out of jurisdiction counsel without the approval of the Board but the complainant shall be responsible for all additional costs incurred as a result of the counsel residing outside of the Northwest Territories.

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In circumstances where reimbursement for out of town counsel is approved, travel costs incurred for the purpose of consulting with counsel will only be approved where such consultation could not reasonably occur by other means such as telephone or electronic medium.

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Any counsel retained by the complainant must be an active member, in good standing, of the Law Society of the Northwest Territories. Any costs associated with becoming a member of the Law Society of the Northwest Territories shall be the costs of the counsel or of the complainant.

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9.3 MORE THAN ONE COUNSEL

Reimbursement will not be available for more than one counsel for the complainant unless it can be demonstrated that additional counsel is both necessary and cost effective.

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9.4 DISBURSEMENTS

The reasonable disbursements of legal counsel are eligible for reimbursement together with hourly rate charges. Eligible disbursements include:

  • long distance telephone charges;

  • fax charges;

  • courier charges;

  • postage charges;

  • photocopy & scanning charges;

  • court filing fees and transcript costs; and

  • travel, meals and accommodation at Federal Treasury rates where out of town counsel is approved and where travel is necessary for the proper representation of the client.

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Costs incurred and normally forming part of the expected overhead of counsel shall not be reimbursed.

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9.5 REVIEW AND TAXATION OF LEGAL ACCOUNTS

Upon receipt of a legal account, which may be rendered on an interim basis, the complainant shall submit the account for review by the Law Clerk and, if approved on review, the Law Clerk may direct payment by Members’ and Precinct Services.

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All accounts received for legal services shall be submitted to the Law Clerk for review and approval. In the event of any item or cost not being approved by the Law Clerk, he or she shall contact counsel to determine whether the cost or item(s) can be resolved by agreement. Failing agreement, the account shall be set down for taxation by the Clerk of the Supreme Court. Subject to any appeals from taxation, all parties shall be bound by the ruling of the taxing officer.

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9.6 ADDITIONAL AND EXTRAORDINARY COSTS

A complainant shall be eligible for reimbursement for other costs incurred in laying a complaint, including:

  • costs incurred for the production of documents or copies of documents from financial institutions, registry offices or other officials; and

  • costs incurred for the preparation or provision of expert advice or reports, and costs associated with the attendance of witnesses at any inquiry shall be subject to the directions of the Sole Adjudicator.

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Notwithstanding any limitation contained in this policy, a complainant may receive reimbursement for costs incurred upon application to the Board of Management for that purpose. In making application for payment of additional or extraordinary costs, the complainant shall provide to the Board sufficient reasons and background information, which will allow a full and considered review of the costs.

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9.7 PUBLIC ACCOUNTABILITY 

It is important that Members of the Legislative Assembly carry out their duties with integrity and honour, showing respect to their constituents, their fellow Members and to the Northwest Territories Legislative Assembly. It is equally important that Members be seen to be carrying out their duties in this manner. Citizens require public accountability and expect the highest standards from those in positions of power.

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As a means of ensuring accountability, the Legislative Assembly and Executive Council Act, the Indemnities, Allowances and Expense Regulations and this Handbook require that certain information regarding the activities of Members be made public. The Speaker is required to table in the House, and thereby make public, reports detailing Members’ pay, allowances and expenses, including Members’ reimbursements under the Capital Accommodation Allowance and Constituency Work Expense Allowance. The Speaker is also required to table a report during each sitting of the Legislative Assembly detailing Members’ attendance at meetings of the Legislative Assembly and its Committees for the full period prior to that sitting.

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In addition to the above-noted reports, any member of the public may, at any time, make a request to the Clerk of the Legislative Assembly to inspect and obtain a copy of any claim for reimbursement made by a Member in the last five years. Unless disclosure of the information contained on the claim poses a threat to the security of the Member or another person, the information will be provided.

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Further information on the above noted reports tabled by the Speaker can be found in the relevant sections of this handbook.

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