Members' Handbook
HOUSE PROCEDURES
THE LEGISLATURE
43. LIFE OF A LEGISLATURE
Pursuant to Section 39 of the Elections and Plebiscites Act the date fixed for a general election in the Northwest Territories is the first Tuesday in October, every four years.
After a general election, it is the duty of the Commissioner of the Northwest Territories to convene the first session of a new Legislative Assembly. As set out in the Legislative Assembly and Executive Council Act, Section 3.1(2), this must be done within 45 days from polling day. At the date and time stated by the Commissioner, all Members of the Legislative Assembly are required to be at their seats in the Chamber
The life of a Legislature ends with dissolution. Members of the Legislative Assembly at the time of dissolution are deemed to remain Members up until the date set for the general election, however, all Committees cease to exist and all business of the Assembly dissolves. The Premier, Ministers and the Speaker, however, continue to perform their duties until replacements are selected after the next general election. Dissolution is followed by the calling of a general election, thereby beginning a new Legislature.
44. SESSIONS
The work of the Legislative Assembly is organized in blocks or Sessions over the four- year period of the Assembly. The period of time between one Session and the next is known as a recess. A Session is concluded with the Commissioner indicating that it will be prorogued. Prorogation terminates all pending or unfinished business of the Assembly that is outstanding on the Orders of the Day.
45. SITTINGS
During a session the normal daily sittings of the Assembly are from 1:30 to 6:00 p.m. on Mondays through Thursdays and from 10:00 a.m. to 2:00 p.m. on Fridays. The Assembly does not sit every second Friday and Monday. These hours may be amended by motion of the House.
Procedure in the Assembly
46. PARLIAMENTARY PROCEDURE
Parliamentary procedure governs how the Assembly conducts its business. It is a combination of two elements:
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Rules of the Legislative Assembly, which consists of rules, practices and procedures governing such matters as the Assembly’s order of business, format for debates, conduct of Members, how time is allocated; and
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the usage and precedents of the Assembly as developed over time through interpretation, Speaker’s rulings and parliamentary tradition.
The Rules of the Legislative Assembly cover most matters that come before the Assembly and are always consulted first. In a situation not covered by the Rules, the Speaker refers to past practices of the Assembly to determine whether the situation has an applicable precedent. In the absence of such precedent the Speaker considers precedents in Canadian and other Commonwealth parliaments.
The authorities most often consulted in these cases are House of Commons Procedures and Practice, Beauchesne’s Parliamentary Rules and Forms of the House of Commons of Canada, both of which cover practice in the Canadian House of Commons and Erskine May’s Treatise on the Law, Privileges, Proceedings and Usage of Parliament, which is the authority for United Kingdom practices. However, the main authority for transacting business in the Assembly is always its own Rules. Other sources are consulted in the order above only when the Rules or past practices of this Assembly cannot resolve the issue.
The Rules of the Legislative Assembly will be available on a web-based format and a PDF version will also be available on the Legislative Assembly’s web site. The Rules can be amended by Motion of the House and updated copies will be distributed to all Members as they occur.
Reference copies of all three authorities outlined above are available in the Legislative Library.
Any Member who wishes further information or clarification regarding the Rules of the Legislative Assembly should contact the Deputy Clerk, House Procedures and Committees.
47. POINTS OF ORDER
A Member may bring any divergence from the Rules or practices of the Legislative Assembly to the Speaker’s immediate attention. In those cases, the Member interrupts debate by rising and saying “On a point of order, Madam/Mr. Speaker,” and then proceeds to state, as concisely as possible, the point in question and the pertinent authority. The Speaker may then permit debate strictly relevant to the point of order and rule on it either at that time or at a later date. Members should refer to Rule 25 in the Rules of the Legislative Assembly for more information on raising a point of order.
48. PRIVILEGE
Privilege in the parliamentary sense is all the rights and powers, other than the power to legislate, enjoyed collectively by the Assembly and individually by its Members and without which they could not perform their duties.
Please refer to Section 1 of this Handbook for further information on privilege.
48.1 RAISING A POINT OF PRIVILEGE
Members should bring any perceived breach of privilege to the Assembly’s attention at the earliest opportunity by rising in the House. Members should refer to Rule 20 in the Rules of the Legislative Assembly for the procedure on raising a point of privilege.
49. PERSONAL MATTER
Members, with the approval of the Speaker, may explain a matter, which, although not a breach of privilege, concerns them in their capacity as Members. The most common matters raised by Members are to explain that they have been misquoted or misunderstood, or to deny published accusations against them.
Members should refer to Rule 21, Rules of the Legislative Assembly, for the procedure regarding the raising of a personal matter.