Thank you, Mr. Kakfwi. To Mr. Pollard's motion. Mr. Arvaluk.

I just have a question, I'm not debating anything here.

---Laughter

I thought the motion was about electoral boundaries. Can the person who made the motion make it clear to me? I read it, I looked at it, and it is about electoral boundaries. Why are we talking about land claims? Can I have that clarification before I put my hand up? Thank you.

Okay, Mr. Arvaluk. Mr. Pollard, once you are in your seat, there was a question from Mr. Arvaluk on your motion. Would you like to restate it please, Mr. Arvaluk?

Thank you, Mr. Chairman. The motion states the electoral boundary of the High Arctic, et cetera...There are two pages of it describing the proposed electoral boundaries and the existing electoral districts of the Northwest Territories. When people were talking to the motion, they seemed to be talking about where land claims are in the North Slave and Sahtu areas which, I feel, has nothing to do with the motion. These will be dealt with when the time comes. Electoral boundaries could be changed everyday if you want to. It has no bearing on anything that will be forthcoming in the future. I just want to know if we are talking about electoral boundaries or land claims?

I'm sorry, Mr. Arvaluk, we have had a motion and people are speaking for or against the motion now. You'll have to be guided by the motion that was presented to us by Mr. Pollard. Anybody else to the motion? All those in favour? All those opposed? Motion is carried.

---Carried

Is the committee agreed then that Tabled Document 23-12(6), Report of the 1993-94 Electoral District Boundaries Commission Northwest Territories of the Boundaries Commission, has been dealt with and has been concluded?

Agreed.

---Agreed

We were given a list by Mr. Dent earlier on this afternoon, Bill 16, An Act to Amend the Legislative Assembly and Executive Council Act, No. 2 was next. I would like to ask the acting Premier, Mr. Pollard, if he has any opening comments on this act.

Thank you, Mr. Chairman. Mr. Chairman, in my capacity as Government House Leader, I would like to present the proposed amendments to the Legislative Assembly and Executive Council Act, No. 2. Mr. Chairman, as you are aware, the Legislative Assembly and Executive Council Act falls under the responsibility of the whole Assembly and amendments to this act are usually triggered by either recommendations of Members, the Management and Services Board and in this case, by the interim and annual reports of the Conflict of Interest Commission. Those documents are Tabled Document 63-12(4), tabled on December 9, 1993, and Tabled Document 44-12(5), tabled on March 17, 1994, respectively, Mr. Chairman.

Mr. Chairman, the bill before you today which amends, as I indicated, part three of the Legislative Assembly and Executive Council Act which deals with conflict of interest. This bill, in summary, intends to allow a Member to request advice from the Chief Commissioner regarding the Member's obligation under the act, allows a Member or former Member to ask the Chief Commissioner for permission to enter into a contract with the government that would otherwise be prohibited under the act. It directs that the Conflict of Interest Commission describe these contracts, to identify the relevant Members on it's annual report, and the annual report must identify Members who are late filing or fail to file disclosure statements as required by the act. Mr. Chairman, I'd be prepared to try and answer any questions that Members may have. Thank you, Mr. Chairman.

Thank you, Mr. Pollard. The chairman of the standing committee on legislation, then, for a report on this bill.

Standing Committee On Legislation Comments

Thank you, Mr. Chairman. Mr. Chairman, on November 7, 1994, the standing committee held a public hearing to review Bill 16, An Act to Amend the Legislative Assembly and Executive Council Act, No. 2. The bill proposed to amend the present legislation in a number of ways. It would allow a Member to request advice from the Chief Commissioner of the Conflict of Interest Commission. It would allow Members and former Members to ask the Chief Commissioner for permission to enter into a contract with the government, and it changes the reporting requirements of the clerk of the Assembly and the Conflict of Interest Commission with respect to disclosure by Members. These amendments are proposed in response to a report of the Conflict of Interest Commission. In particular, the commission noted that the Chief Commissioner was unable to advise Members of the Legislative Assembly on their obligation under the act with respect to conflict of interest provision.

The Honourable John Pollard, as Government House Leader, appeared before the committee on November 7, 1994, to present the bill and respond to the committee's questions and concerns. In discussing the origin of the bill, it was noted that the act currently spells out conflict of interest in black and white terms. Either there is a conflict or there isn't. However, the north, with it's small population and limited business community, may not be in the public's best interest to strictly prohibit some form of activity by Members of this Legislature. Some contracts may be innocent and in the public interest. In effect, the amendments generally relaxes the provision of the act to allow for interpretation of the grey areas and strikes a balance between protecting the public interest and allowing, in certain circumstances, Members and former Members to hold contracts with the government.

The committee discussed their concerns about urgent situations where the Chief Commissioner may be required to render a ruling or dispense advice immediately. It was noted that while requests for advice have to be in writing, requests for contract authorizations do not. Urgent matters of potential conflict respecting contracts could be dealt with most immediately. The committee was particularly concerned that some aspects of the proposed amendments are not found in other jurisdictions. In effect, the bill proposes to allow contractual activity between elected Members and the government. Generally speaking, other jurisdictions prohibit this kind of contractual activity between government and former Ministers. The committee feels that the Legislative Assembly must recognize that this bill would create a legal instrument -- not merely a code or guidelines -- that allows elected Members, former Members, and Ministers to do business with the government under specific circumstances. The committee urges the Assembly to ensure that the duty to the public interest remains first and foremost in the minds and actions of all Members.

During its review the committee passed motions to amend clause 6 and 8 of the bill. The amendment to clause 6 was made to include an exception to the confidentiality of the closure documents that was omitted in error. The amendment to clause 8 corrected an error in tense in the English version. Mr. Chairman, on Monday, November 7, 1994, the standing committee on legislation passed a motion that Bill 16 was ready for consideration in committee of the whole as amended and reprinted. Mahsi cho.

Thank you, Mr. Gargan. The Minister sponsoring the bill, would you like to bring in some witnesses to help you with this bill?

Yes, I would, Mr. Chairman. Thank you.

Members agree that Mr. Pollard can get some help?

Agreed.

---Agreed

Sergeant-at-Arms, please bring in the witnesses for us.

Mr. Pollard, perhaps you could introduce your witness for us, please.

Thank you, Mr. Chairman. Mr. Chairman, I have with me Mr. Mark Aitken, legislative counsel,

Department of Justice, Government of the Northwest Territories. Thank you, Mr. Chairman.

Thank you, Mr. Pollard. It's a familiar face. Welcome, Mr. Aitken. General comments from Members. Members have asked to go into detail of the act. Do Members agree?

Agreed.

---Agreed

Mr. Gargan.

Mr. Chairman, the Languages Commissioner is not here to respond to the bill itself, since it was her recommendation to make amendments to this act. I'm just wondering whether the government is aware of the circumstances that lead to these amendments being recommended.

Thank you, Mr. Gargan. Mr. Pollard.

Mr. Chairman, the changes to this act spring from the annual report of the Conflict of Interest Commission, which was for the period December 17, 1992 to January 14, 1994, and there was an interim report also made by the Conflict of Interest Commission. Both documents have been tabled in the House, Mr. Chairman, and they recommended the changes to the legislation. Thank you, Mr. Chairman.