This is page numbers 1053 - 1090 of the Hansard for the 12th Assembly, 3rd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was chairman.

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Committee Motion 115-12(3): To Adopt Recommendation 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1079

Henry Zoe

Henry Zoe North Slave

Thank you. The standing committee was also of the view that the current procedure by which returns to written questions are provided should be clarified. Currently, rule 56 provides that the Minister must file a return to a written question with the Clerk, who will inform the Assembly, distribute copies to all Members and have the reply printed in Hansard. The Minister may also choose to read the reply in the House.

The standing committee is of the opinion that the requirement to file a return to a written question with the Clerk applies as well to returns which are provided during an adjournment.

Oral Questions

The standing committee considered several issues relating to oral questions. Some suggestions received by the standing committee were to expand the time period allowed for oral questions, to leave the time period open, and to allow a sufficient preamble within the rules.

The standing committee is of the opinion that no amendment to the rules is required with respect to the length of the oral question period. The question period has been extended from time to time by unanimous consent, but the committee is mindful of the general need to ensure that the business of the House continues to proceed efficiently. Given the large amount of business regularly before the House, extension of oral questions should occur only in exceptional circumstances.

As well, as the Speaker has frequently reminded the House, both ordinary Members and Minister carry responsibility for being concise in their questions and answers so as to ensure sufficient time for others to be heard. Oral questions should be used in those cases where the answer might reasonably be expected to be within the knowledge of the Minister; written questions should be used for more complex issues.

The current rule allows for some explanation of an oral question to be offered as a preamble. The appropriate length of a particular preamble is subject to the ruling of the Speaker, and the standing committee holds the view that it is not necessary to add any further restriction within the rules. The present rules are clear that arguments and opinions shall not be offered. It is also not appropriate to frame questions so that they seek the personal or professional opinion of a Minister.

The standing committee also recognizes that while rule 55 does not specifically reflect this, parliamentary convention also allows a Minister to refuse to answer a question where circumstances require. For example, other conventions of the Assembly may require that the matter not be discussed in the House.

Procedure For Assenting To Bills

The Standing Committee on Rules, Procedures and Privileges discussed the current procedure by which the Commissioner of the Northwest Territories assents to bills. At present, assents are granted in the chamber.

The standing committee reviewed the practice for giving assent to bills in other jurisdictions. In most provinces, assents are granted in the chamber, but occasionally, assents are given in the office of the Lieutenant Governor.

The standing committee is of the view that in most cases, the current procedure for assenting to bills in the chamber, in the view of the public, is the most appropriate. However, where circumstances require, the committee agrees that it may be appropriate for assent to be given outside of the House, with the Clerk reporting to the House that assent has been given. While this procedure would not require a rule change, the committee desires to bring it to the attention of the Legislative Assembly for consideration.

Committee Motion 116-12(3): To Adopt Recommendation 3
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1079

Henry Zoe

Henry Zoe North Slave

Therefore, Mr. Chairman, I move that this committee recommends that the procedure for assenting to bills in the Legislative Assembly chamber continue as the usual practice of the Assembly, but that assents be given elsewhere when circumstances dictate, and be then reported to the House.

Committee Motion 116-12(3): To Adopt Recommendation 3
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1079

The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. The motion is in order. To the motion.

Committee Motion 116-12(3): To Adopt Recommendation 3
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1079

An Hon. Member

Question.

Committee Motion 116-12(3): To Adopt Recommendation 3
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1079

The Chair

The Chair Tony Whitford

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Mr. Zoe, please continue.

Election Of Speaker And Executive Council

Committee Motion 116-12(3): To Adopt Recommendation 3
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1079

Henry Zoe

Henry Zoe North Slave

The Standing Committee on Rules, Procedures and Privileges deliberated whether the procedure for the election of the Speaker and the Executive Council by the Territorial Leadership Committee, as established in 1991, should be incorporated within the rules of the Legislative Assembly.

The standing committee holds the opinion that it is not necessary to amend the rules to incorporate the procedure developed by the Territorial Leadership Committee at present. The procedure is evolving, and the committee does not recommend that the Assembly be bound to a specific process at this time. The committee is also aware that the question of the appointment of Ministers of the Executive Council by the Government Leader has been raised by some Members. The committee is of the opinion that this issue may receive further consideration, but not by this committee.

Emergency Debate

The Standing Committee on Rules, Procedures and Privileges considered the practice of other jurisdictions which allow the orders of the day to be stood down to allow an emergency debate on an urgent issue. The committee felt that the development of such a practice within our rules would be of value.

Currently, the rules may be stood down for emergency debate upon unanimous consent. However, debate on an important issue may be blocked by one Member. The committee is of the opinion that rules should be developed to allow emergency debate upon one hour's notice to the Speaker. Debate as to whether the issue is an emergency could be allowed by the Speaker, and the decision as to whether emergency debate is appropriate would be the Speaker's.

Such a procedure would allow for full debate on an urgent issue, one that cannot adequately be dealt with by the Assembly within the usual House rules and procedures. Although the question of what would constitute an emergency in certain circumstances would be subject to debate and the ruling of the Speaker, the committee anticipates that the procedure would be used for an unexpected event of urgent public importance, rather than an emergency related to issues of political importance.

Therefore, Mr. Chairman, I move that this committee recommends that the rules be amended to include a procedure for emergency debate on matters of urgent public importance, upon one hour's notice being provided to the Speaker;

and further, that the Speaker shall rule on the question of whether debate should be allowed.

Committee Motion 116-12(3): To Adopt Recommendation 3
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1080

The Chair

The Chair Tony Whitford

Mr. Zoe, for clarification, you used the word "should" and it was written as "shall." Do you wish to change it?

Committee Motion 117-12(3): To Adopt Recommendation 4
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1080

Henry Zoe

Henry Zoe North Slave

Mr. Chairman, I will read my motion again for clarity. Mr. Chairman, I move that this committee recommends that the rules be amended to include a procedure for emergency debate on matters of urgent public importance, upon one hour's notice being provided to the Speaker;

and further, that the Speaker shall rule on the question of whether debate shall be allowed.

Committee Motion 117-12(3): To Adopt Recommendation 4
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1080

The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. The motion is in order. To the motion.

Committee Motion 117-12(3): To Adopt Recommendation 4
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1080

An Hon. Member

Question.

Committee Motion 117-12(3): To Adopt Recommendation 4
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1080

The Chair

The Chair Tony Whitford

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Mr. Zoe.

Order And Decorum

Committee Motion 117-12(3): To Adopt Recommendation 4
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1080

Henry Zoe

Henry Zoe North Slave

Mr. Chairman, during our survey of Members, the Standing Committee on Rules, Procedures and Privileges was requested to review the order and decorum within the chamber. Two specific matters raised were the reading of newspapers within the chamber, and whether the committee might provide coffee within the chamber during committee of the whole.

The standing committee is of the opinion that no rule amendments are necessary to deal with order and decorum, as each Member may assess its importance on an individual basis. The committee is also unable to agree with the suggestion that coffee be allowed within the committee of the whole.

Official Languages

The Standing Committee on Rules, Procedures and Privileges reviewed the rules in light of the Official Languages Act. The Official Languages Act establishes eight official languages of the Northwest Territories.

The act provides that everyone has the right to use any official language in the debates and other proceedings of the Legislative Assembly. Acts, records and journals of the Assembly must be printed and published in English and French, as well as other specified documents, orders and regulations.

The standing committee discussed whether requirements should be included within the rules for the translation of documents or motion into specific official languages. For example, rule 21(2) requires that Ministers' statements be filed with the Clerk, "complete with translation." The rule does not specify the language or languages into which the document must be translated.

The standing committee was of the opinion that the procedures of the House in this respect should remain flexible. The Speaker has ruled that currently, House documents must be translated into Inuktitut, and the committee is of the opinion that this addresses the issue sufficiently.

Tabled Documents

Currently, the item "tabling of documents" appears on the orders of the day for the Legislative Assembly, but nothing in the rules indicates what the item is, or whether a statement is allowed when a document is tabled. The Standing Committee on Rules, Procedures and Privileges is of the view that a simple rule should be included to indicate that a Member may table a document under the appropriate item, and may make a brief factual statement identifying the document.

Committee Motion 118-12(3): To Adopt Recommendation 5
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1080

Henry Zoe

Henry Zoe North Slave

Therefore, Mr. Chairman, I move that this committee recommends that the rules be amended to include a rule allowing the tabling of documents and allowing a brief statement to be given which identifies the document.

Committee Motion 118-12(3): To Adopt Recommendation 5
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1081

The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. The motion is in order. To the motion.

Committee Motion 118-12(3): To Adopt Recommendation 5
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1081

An Hon. Member

Question.

Committee Motion 118-12(3): To Adopt Recommendation 5
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1081

The Chair

The Chair Tony Whitford

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Mr. Zoe.

Rules On Private Bills

Committee Motion 118-12(3): To Adopt Recommendation 5
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1081

Henry Zoe

Henry Zoe North Slave

Currently, the rules of the Legislative Assembly set out a procedure by which a private individual may bring legislation before the House, as a private bill. In addition, ordinary Members of the Legislative Assembly may introduce private Members' public bills, dealing with any matter except the expenditure of public funds or the imposition of a tax. Cabinet Ministers may introduce public bills for the administration of government, including the collection and allocation of public funds and to set public policy.

The current section within the rules dealing with private bills dates back to a provision adopted by Britain in the 1800s. Historically, this type of rule evolved in England as a means for the establishment of private schools.

The Standing Committee on Rules, Procedures and Privileges recognizes that the rules for private bills have only once been used in the Northwest Territories, by a trust company which had declared bankruptcy. In that case, the bill was eventually taken over by the government.

The standing committee is of the opinion that it is not of assistance to include within the rules a procedure for the introduction of legislation which bypasses the elected Members of the Assembly. In any event, support of the Members is necessary for passage of any legislation.

Committee Motion 119-12(3): To Adopt Recommendation 6
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1081

Henry Zoe

Henry Zoe North Slave

Therefore, I move that this committee recommends that the rules establishing a procedure for the introduction of private bills by members of the public be deleted.

Committee Motion 119-12(3): To Adopt Recommendation 6
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1081

The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. We have a motion on the floor. The motion is in order. To the motion. Mr. Arvaluk.

Committee Motion 119-12(3): To Adopt Recommendation 6
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1081

James Arvaluk Aivilik

I am not sure, Mr. Chairman, I may have misread it. Does that mean there will no longer be a Member's bill allowed in the House?

Committee Motion 119-12(3): To Adopt Recommendation 6
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1081

The Chair

The Chair Tony Whitford

Mr. Zoe.

Committee Motion 119-12(3): To Adopt Recommendation 6
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1081

Henry Zoe

Henry Zoe North Slave

No. Mr. Chairman, there is a provision within the existing rule which was established in the 1800s in Britain, primarily to establish private schools. The general public can present legislation to be discussed in the Assembly. To my knowledge, it has been used only once where a trust company wanted to declare bankruptcy. Any legislation which comes forward needs support by elected Members, so this provision we have in our existing rules in redundant. It is not used at all, so our standing committee is suggesting that we delete that particular rule.

Members' private bills will still be there. That provision is still there for elected Members to bring forward their own legislation. That does not exclude them at all, but this is for the general public.

Committee Motion 119-12(3): To Adopt Recommendation 6
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1081

The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. Member for Kivallivik. He is satisfied. To the motion.

Committee Motion 119-12(3): To Adopt Recommendation 6
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1081

An Hon. Member

Question.

Committee Motion 119-12(3): To Adopt Recommendation 6
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1081

The Chair

The Chair Tony Whitford

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Do you wish to continue, Mr. Zoe?

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