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Members' Handbook

TRAVEL EXPENSE

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82. TRAVEL ON BUSINESS AS A MEMBER

As set out in Section 22 of the Legislative Assembly and Executive Council Act, a Member is deemed to be on business as a Member when they travel to a place to:

  • attend a sitting of the Legislative Assembly;

  • attend a meeting of a Standing or Special Committee of the Legislative Assembly, of which they are a member;

  • attend a meeting of the Board of Management, of which they are a member;

  • attend a general meeting for all Members of the Legislative Assembly; or

  • perform an assignment given to the Member by the Legislative Assembly or the Speaker.

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In addition to the forms of business referred to above:

  • a Member of the Executive Council is on business as a Member where they are in, or travels to, a place to attend a meeting of the Executive Council, or to attend a meeting of a committee of the Executive Council, of which they are a member; and

  • a member of the Financial Management Board is on business as a member where they are in, or travels to, a place to attend a meeting of the Financial Management Board.

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Subsection 27(1) of the Legislative Assembly and Executive Council Act provides that a Member will be reimbursed for the actual and reasonable costs incurred during travel between the Member’s residence and the place they must attend to conduct business as a Member. A Member is not eligible for reimbursement of travel expenses if the meeting is held in their community of residence.

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When a Member travels on business as a Member, arrangements are generally made and paid for directly by Legislative Assembly staff.  Travel is arranged in the most cost-effective and economical manner.  Air travel must be by the most direct route to and from the travel location, unless Legislative Assembly staff approves an alternate route.

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Where continuous travel is scheduled to exceed eleven hours, the Member may be permitted to travel business class if authorized in advance on the Travel Authorization.

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Ministers and the Speaker of the Legislative Assembly may travel business class when total in-flight duty travel time exceeds four hours. Regular Members require Board of Management or Speaker approval to travel by business class when total in-flight duty travel time exceeds four hours.

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A Member who travels using his or her own transportation will be reimbursed the lesser amount of the following:

  • the prevailing higher tier Federal Treasury Board rate per kilometre for Government of Canada employees. This rate remains the same regardless of the kind of vehicle used (i.e. snowmobile, car, boat or airplane, which is owned or rented by the Member); or

  • the cost of the most economical return airfare. Air travel will be by scheduled air service. Aircraft charters will only be used when more economical travel is not available or is impractical. Legislative Assembly staff will arrange all air charters.

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83. AIR CHARTERS

If circumstances arise whereby a charter is immediately necessary and cannot be arranged by Legislative Assembly staff, satisfactory written substantiation outlining the circumstances must be provided to Members’ and Precinct Services before a claim for reimbursement or request for direct payment will be processed. A Member arranging an aircraft charter must determine which aircraft charter company is the most economical and practical and look for opportunities to share charters in order to reduce costs.

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If a Member does share a charter there are a number of restrictions that must be followed.

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Where arrangements are made in advance, non-government passengers and/or goods may join a  charter arranged by a Member provided that:

  • no threat to the public interest could arise as a result;

  • the air charter supplier agrees;

  • all expenditure officers, duty travelers and Government goods shippers agree;

  • the non-government party has agreed in writing to pay the carrier for the costs or portion thereof, when their reason for travel is not for government business purposes or in the public interest;

  • where the non-government party does not pay the carrier or pays less than their share and the trip is not in the public interest or for government business then a taxable benefit is deemed to accrue to either the non-government party or the Member who authorized the travel. If the Members stands to personally benefit by authorizing the travel (e.g., the passenger is a friend or relative) a taxable benefit will accrue to the Member; otherwise, the T4A must be issued to the non-government traveler (in either case, GST would have to be paid on the assessed value of the trip;

  • any payment from the non-government party is to be made to the carrier and not to the Legislative Assembly;

  • where the travel of the incidental passenger is for government business or in the public interest, no costs are payable by the passenger, nor will there be a taxable benefit deemed to be created for the Member authorizing the travel. However, a Grant-in-kind and GST implications must be considered and the Member must pay the GST on the value of the Grant-in-kind; and/or

  • the Legislative Assembly assumes no additional liability. Where calculating a taxable benefit, the equivalent regular commercial economy airfare for a regularly scheduled flight to the same destination is used. If a regularly scheduled flight does not exist, the average cost per seat of a charter flight shall be used.

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In cases where arrangements have not been made in advance to have a passenger join a charter, a Government employee or a Minister must authorize the travel.

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The Legislative Assembly will not bill other parties on a Member’s behalf for shared aircraft charters. If this does occur, the Member will be held personally responsible for all charges associated with the charter. Due to significant liability issues, it is important that Members follow the above instructions when arranging aircraft charters.

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These restrictions do not apply to a Member’s Constituency Assistant if they are traveling with the Member to assist them with constituency business. Similarly, these restrictions do not apply to a Member’s spouse, if the spouse is accompanying the Member on constituency business, there is no additional cost for the spouse to join the charter and the spouse travels to and from the destination with the Member.

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Members will not be reimbursed for expenses if they serve as a pilot, operator or member of the crew of a privately owned aircraft that is not owned or rented by the Member.

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Members should note that restrictions regarding air charters apply equally to travel while on business as a Member and to constituency travel and should refer to Section 113 of this Handbook for further details.

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84. CHANGES TO TRAVEL ARRANGEMENTS

A Member who wishes to upgrade the class of travel, or change or cancel non-refundable reservations must have a compelling reason to do so and may be personally responsible for any additional charges associated with these changes. Members are also personally responsible for any additional costs incurred for including personal business with travel as a Member. The Clerk of the Legislative Assembly is authorized to determine whether a compelling reason exists to allow travel changes. The Clerk’s decision may be appealed to the Board of Management.

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Section 35 of the Legislative Assembly and Executive Council Act authorizes the Speaker to Table annual reports in the Legislative Assembly regarding expenditures made on behalf of Members.

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84.1 TRAVEL REPORTING

On a quarterly basis, Members’ and Precinct Services will create a detailed report on Members’ travel expenses.  This report will include all travel undertaken by Members on business as a Member and on Constituency business.  The report will detail, by Member, each trip including dates, reason for travel and cost of travel.  This quarterly travel report will be posted on the Legislative Assembly website.

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85. ACCOMMODATION

If a Member is traveling from their community of residence to Yellowknife on business as a Member, accommodation expenses will be reimbursed under the Capital Accommodation Allowance (refer to Section 81 of this Handbook). Meals and other incidental expenses are reimbursed under the Capital Expense Allowance (refer to Section 81.1 of this Handbook).

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A Member traveling from their community of residence to a place other than the capital on business as a Member will be reimbursed the actual and reasonable cost of hotel accommodation and will be eligible for an allowance to cover meals and incidental expenses at the current Federal Treasury Board Rate.

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Where a Member travels to a place for business that is also the location of their principal residence, the Member is not eligible for reimbursement for accommodation costs if the principal residence is available for their use.

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A Member may also be reimbursed for non-commercial overnight accommodation while travelling on business as a Member, in the amount set by the Treasury Board of Canada as the daily rate payable in the Northwest Territories. Members must produce a receipt in order to be reimbursed. A claim for reimbursement under this section is allowed, notwithstanding the provisions of the Legislative Assembly and Executive Council Act regarding financial interest by family members.

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In the majority of cases, staff will make the hotel arrangements for Members while traveling on business as a Member. Members are reminded that, as with the Capital Accommodation Allowance, they will not be reimbursed for the cost of accommodation at a facility owned by their family, their spouse’s family, a Member or the family of a fellow Member (refer to Section 81.4 of this Handbook).

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86. LAUNDRY EXPENSE

The following expense may be reimbursed for Member’s travel away from their ordinary residence and the Capital on committee, Board of Management or constituency business:

  • laundry expenses after five days of travel and every five days thereafter; and

  • dry-cleaning expenses after five days of travel and every five days thereafter.

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Expenses will only be reimbursed upon production of receipts and for what would reasonably be assumed to be the clothing required for the duration of the trip.

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87. COMBINING PERSONAL BUSINESS WITH DUTY TRAVEL

Any additional costs incurred for including personal business, including travel, with travel authorized under the Legislative Assembly and Executive Council Act, or its Regulations, will be the personal responsibility of the Member.

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88. SESSIONAL DESIGNATE TRAVEL ENTITLEMENT

During a sitting of the Legislative Assembly, each Member is entitled, under Section 27(2) of the Legislative Assembly and Executive Council Act, to be reimbursed for the actual and reasonable cost of return transportation for the Member’s spouse, or another person designated by the Member, between the place of the sitting and the Member’s ordinary residence, providing that both the Member and the spouse, or other designated person, are both at the place where the sitting is being held at the same time for at least one entire sitting day.

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Pursuant to Section 27(3), this entitlement may also be used for travel by a Member’s Constituency Assistant between the place of the sitting and a community within the Member’s constituency other than the place in which the Member lives.

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89. TWO WEEKEND TRAVEL ENTITLEMENT

Where a Member is required to attend a sitting or meetings of a committee of the Legislative Assembly over a continuous period that includes at least two weekends, the Member is entitled to be reimbursed for the actual and reasonable cost of return transportation for either the Member, the Member’s spouse, or a person designated by the Member, to travel between the Member’s ordinary residence and the place of the sitting or the meetings. This entitlement allows for one trip for every second weekend that falls within the continuous period of sittings or meetings. The period is considered continuous if the sessional and committee meeting schedule requires the Member to be at the sitting or meeting place regardless of whether the Member attends a sitting or meeting each day during that period.

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The entitlement may also be used for travel by a Member’s Constituency Assistant between the place of the sitting or meetings and a community within the Member’s constituency other than the place in which the Member lives.

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This entitlement is pursuant to Section 28 of the Legislative Assembly and Executive Council Act and Section 14.2 of the Indemnities, Allowances and Expense Regulations. Members are not permitted to accrue this travel entitlement. An entitlement that is not used expires when next the Member becomes entitled to the reimbursement.

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90. HOME TRAVEL ENTITLEMENT

This entitlement, authorized under Section 28.1 of the Legislative Assembly and Executive Council Act, entitles Members deemed to reside outside commuting distance of the Capital to reimbursement for return transportation between the Capital and their place of residence for a maximum of five trips per year. Travel must originate in the place where the Member lives or in the Capital where the Member is on business as a Member. Travel can only be taken by the Member when on business, or by a family member who lives in the Member’s ordinary residence and can only be taken when the Member is in the Capital on business as a Member. Family members are defined in this section as a spouse, a partner or a dependent of the Member.

In the fiscal year in which a general election is held, Members will be reimbursed for two trips in the months leading up to an election and for three trips in the months following an election. Adjustments to allowable trips, not exceeding the maximum allowed, will be made if the dates of an election are significantly changed.

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91. TAXABLE BENEFIT

Travel by Members at public expense to perform their duties is not a taxable benefit. Similarly, travel by a spouse, family member or person designated by the Member to attend a parliamentary function is not a taxable benefit.

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“Parliamentary functions” are defined as duties and activities directly related to the position of the Member of the Legislative Assembly and include swearing-in ceremonies, the opening of a new Session, prorogation, the dissolution of a Legislative Assembly or attendance at a function hosted by the Speaker or Commissioner and to which the spouse is invited. It does not include constituency business or business related to the private business or personal interests of any person.

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Where the “sessional designate” entitlement is taken, the payment or reimbursement of travel expenses will not be administered as a taxable benefit because the traveler is required to be in the Capital for at least one day of Session and it is expected that they will attend Session.

 

Where the “two weekend travel” or “home travel” entitlement is taken , a taxable benefit in the amount of the travel costs will be deemed to accrue to the Member and they will receive a T4A in the calendar year..

In the event the “two weekend travel” or “home travel” entitlement is taken to attend or participate in a parliamentary function with the Member, the Member may notify Members’ and Precinct Services that the entitlement should not be treated as a taxable benefit. The Member must provide evidence of the duties carried out by the spouse, family member or person designated by the Member, and, in the absence of documentary evidence, a Statutory Declaration by the Member will be required.

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92. TRAVEL BY OTHER PERSONS

Except in those circumstances expressly permitted in legislation, regulation or this Handbook, Members are not entitled to reimbursement for any expense associated with the attendance of a spouse, or any other individual other than the Member’s Constituency Assistant, on travel with a Member on either constituency business or business as a Member. Members will be responsible for all costs incurred by a traveling companion, including any extra registration and meal costs when a spouse or other person attends a conference or meeting with a Member.

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