This is page numbers 41 - 72 of the Hansard for the 13th Assembly, 8th 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 information.

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Reply 1-13(8):
Item 9: Replies To Opening Address

Page 56

Floyd Roland

Floyd Roland Inuvik

Thank you, Mr. Speaker. Mr. Speaker, I do not intend to be very long with my replies to opening address. I thought of writing something out some time ago to try to prepare for this, but over time, I thought it is just best to speak off the cuff. I have learned a lot from my colleague, Mr. Miltenberger. He showed me that it can be done. Mr. Speaker, there has been much that has happened in the last four years. I recall coming in here with a suit that was actually a little too small, my hair was still black, and I felt a lot more fit. There have been a lot of positive change, as I see it, Mr. Speaker. We have all, I think, come away from this session richer than when we first came here, not in the sense of monetary value but in the sense of personal value. I know I have grown as an individual being amongst all my colleagues before division had gone on and happened. As well, I have been able to adapt to some of the barbs that have been thrown my own way from my colleagues, even on this side of the floor. They have showed me that it can be done in a quicker way. As Mr. Miltenberger keeps prying at it, I keep trying to resist trying to throw something back.

We have grown together as an Assembly. We have had some trying times and at times it feels like we have gone through a furnace but I know, as well, when we go through difficult times, it brings out the best in us. I know they will be looking back on the 13th Assembly and many people will look back and remember the dark days of the 13th Assembly being the first two years. I recall a cartoon being done about me in a newspaper showing me wearing nothing but a barrel because Inuvik was being pillaged by the rest of the government.

But I think we have done quite well, and I have always believed in the people of the Northwest Territories that we can and show that through the difficult times, we can hold our heads high and show that by being positive, we can bring more out of it than we have lost. It has not been easy and I have had trying times of my own when I go back home and had to share the message with my constituents. In fact, I know the first few months of the life of this Assembly, it was quite difficult but I think we have come through those days. Although Mr. Dent has gone on to lay a bit of vision out there and he is painting some cloudy pictures on a somewhat blue sky in the last days of the 13th Assembly, and I believe his nickname is even changing too, but I will keep that for ourselves. I think we have done a great deal of work. We have seen the completion or somewhat of a completion of Nunavut's creation, and they are on their way. We are now, in the west, undergoing a lot of changes from the impacts of division and moving forward in that aspect. I think we still have some work to do in that area.

As well, when we talk about governments, we have come a long way in dealing with other governments within the Northwest Territories. I think the future holds a lot of challenge yet, but if what we have done is an example of what can be done, we have a lot of promise out there. We have talked about the resources available to us in the Northwest Territories, and there are a great deal of resources that have been untapped, both renewable and non-renewable, as well as our youth coming up. We have a large population of youth, and I think if the Youth Assembly is an example of what happens, we have a lot of keen young people out who could be eyeing our seats in the upcoming years and looking to put their mark on the Northwest Territories. We have seen great changes, and I believe we will see more changes.

But if I have shared my way of thinking with the departments that I have been fortunate to work with is that if we are involved at the front end of this change, we can have a positive impact as to where we are going to go as the Northwest Territories. I think the future is full of hope, but if we do not work together, that hope can somewhat be diminished because, as we have know and we have heard many times in a lot of our meetings, that the development of the Northwest Territories has taken a long time. At sometimes I have said, in this House, that we have to look to when we first came in and the ideals we came in with and the ideas of change we brought with us. I think a lot of us can go back and say that we have met a lot of those ideas we came in with.

I know for myself that it has been a very good experience. I have wished for more time at home, but at the same time, I know my wife has mentioned to me on a number of occasions, she does not see me pulling wrenches anymore. I know when I have tried to do that on occasions, my hands do not quite meet to the task that they once used to. But I have also grown in another way here and that is, I feel, through a nurturing of staff and the Assembly helping us getting our work done. They put a lot of energy and effort into what we have done in the Northwest Territories, and there is a lot behind the scenes. Many people of the Northwest Territories only see a certain portion of this House and what happens in the life of this government, but there is much more that happens behind the scenes. I know, at times, I have been in a position where I feel, as a human race, I guess, we can say we have done good things and that there is hope for us in the future. But I have also sat back at times and said an extra prayer because I wondered where we were going as a human race and as a government. I know I can say that quite freely because I believe that what we have gone through has not been easy, not only for ourselves, but our families and as a Territory as a whole right from the unemployed person, the person in health care, the person looking for employment, and the person employed within the government. We have all felt the impacts of what we had to go through.

I was corrected, at one time, in my community when I said that this Assembly was doing good work, and I was corrected rather sternly, and I agree with what was said. In fact, it was not good work, it was necessary work. It was work that had to be done. If we all had our choices, we would have made other decisions, but we knew, by what was put in front of us, that the path for the future was going to be a difficulty, narrow and ragged path. But I think at the end of this life of this Assembly we can all, I believe, hold ourselves high and say, we have done work that was necessary, and I do not think we will see the payoff until a few years down the road that we have spoken so much about our youth that, in fact, the decisions we made yesterday and today is going to benefit our youth. There is much that needs to be done. I continue to try and hold a brighter picture of the future. I think we need to look ahead to see the potential there and how we can capture some of the potential to benefit residents of the Northwest Territories. Not an easy task, Mr. Speaker, but to many occasions, I think we have risen to that task.

Sometimes we have come away feeling a little afraid, a bit burnt out. But I think, every day as we start, I know I start my day a certain way, Mr. Speaker, and I ask for the wisdom and guidance from the good Lord above because I feel without that, I am not sure where I would be in this whole process. If it has not been for the help I have received from my colleagues that are around here, from the wisdom given to me from previous Members as well, from the staff that help us day to day, they have given me much insight. I must say that my children, when I first got into this work, my son Justin used to ask me, "Daddy, why did they have to elect you?", and he said it in a tone that it was like a sentence I had to fulfil. But I think he has come to appreciate the work I do and that I think my family realizes, as well as many residents in the Territories that we all put it on the line here for the future and for the generations to come. We have made difficult decisions. I know for myself, I have told people back home that I will always come back and face the heat, if that was the case, but as well, I would always try and come back and bring some good news. And thankfully, since the first two budgets of this government, I have been able to go back home and show them that there is some positive to working cooperatively with the people of this Assembly. Hopefully, those things will come into reality in the future.

As I said, it has not been without difficulty, Mr. Speaker, but I think when we look back, we need to look at the positives we have done. The world is much too full of negative things. When you turn on the TV, you look at newspapers, we see the front pages with disasters and murders that are happening and so on. I think we need to, as a society, and this is coming from my own, is try to look for the lining in the clouds. And I think that is one way I have been able to manage working in this forum for, I guess, coming out as a survivor, in a sense, that we have, in all that we have done, come out with good things.

One thing I must say, going to the lighter, again trying to find that lining in the cloud, at different times I have had the opportunity to have lunch at an establishment here in Yellowknife and at times my colleague Mr. Miltenberger would sit with me. At the end of lunch, we would get a fortune cookie, and every time that afternoon I would get up to make a Member's statement, he accused me of speaking as if I was speaking out of a fortune cookie.

--Laughter

He would scratch his head and wonder what I really said at the end of the day. So I must have learned something. But I have always said and tried to operate in being an up-front and open person, and I hope that my colleagues around here will be able to look back and say, with some reflection, on how we have worked together, that I have been open and honest and able to work with. There are always disagreements, but I think in the long run, even those disagreements have brought good things.

I have used a lot of parables in speaking to my colleagues in this arena. I will do one more, in a sense. I had used this earlier when we were speaking with members of the Aboriginal Summit. I think today, more than anything and of the future government as well, is that, as a territory we have come to a cross roads. We are on the brink of a lot of change, and it is challenging but yet it is exciting. We have many self-government tables that are going on that will change the face of the Northwest Territories and how government operates. That is why I saw if we can be involved up front, we can all work together to achieve a better Northwest Territories for the residents of the Northwest Territories for today and for the future.

But at that cross roads I use an example that again, coming from my previous work, that using an automobile as an example, in the Northwest Territories, when we first sat down as a 13th Assembly, we tried to put constitution package in place for April 1, 1999, and we worked feverishly for almost two years to develop what I saw was a cadillac that could be in place and ready to go as of April 1, 1999. But as we found, as past Members and people working in the area of constitution for the Northwest Territories, that it was not easy to implement any real changes. It is an issue that goes to everyone's heart in the Northwest Territories. They feel an impact from any change we make at this level to the way they carry on their daily lives and work in the Northwest Territories.

The face of the Northwest Territories has changed. I look at the change we have gone through and I look at my own family. Mr. Speaker, my cultural background is Inuvialuit and I am a registered Inuvialuit. But at the same time, when my children stand beside me, they stand beside me with their blond hair and blue eyes and if we ever had to stand up and show a card in the Northwest Territories, they would have a bit more difficulty then I would.

If you looked at them from the outside, they would not pass for what people would normally look as an aboriginal child. In fact, they do qualify as Inuvialuit. That is the thing I bring to the table. We need to be open to everyone in the Northwest Territories to show them that our differences are, in fact, what strengthen us, not what weaken us.

It goes back to this cadillac, Mr. Speaker, we worked so hard to build this vehicle, to carry us across the bridge of April 1, 1999. When it got close to the date of April 1, we realized that was not possible. I reflected, in one of our earlier meetings when I discussed this vehicle, that instead we should be working on probably a chevy. That is something that would get us across the line and keep us moving, that we can build on as a future generation. I think, in fact, when we came to crossing that bridge, we found the bridge was not built and we still have to complete that bridge. That is going to be the work of the next Assembly as well, is to build that bridge. That bridge, Mr. Speaker, has got to be built by many different people. Different nationalities, different cultures. That bridge will be built even stronger, I believe, if we endorse our differences and realize it is those differences that make us strong. In this world today, as a global economy, I do not believe we can say that we can live within ourselves or as an island. I do not believe that is possible anymore. Even to this level in our communities, we hear of the NAFTA and the Free Trade Agreement. I think that just shows that it can reach the smallest community.

Mr. Speaker, as my friend, Mr. Miltenberger suggested that I close, he must realize that the difference we are in two people is that because of my height I think I can go on a little longer than he can.

--Laughter

I had to get that in as a parting shot.

Mr. Speaker, one of the things I have done quite regularly and thank you for the opportunity as well, to be able to do something for me that showed that I was still connected to my family back home in Inuvik. That was, as I either opened or I closed my Member's statements, I would send greetings back to my family back in Inuvik. I do that again, because I believe and I stood by and I am committed to what I say, that my family, my home is in Inuvik and that is where home is and that is where they have remained and they have watched me from afar on the TV or listened to the different news clips. In closing I would like to send greetings back to my wife and children and that I will be seeing them, hopefully tonight. Thank you, Mr. Speaker.

Reply 1-13(8):
Item 9: Replies To Opening Address

Page 58

The Speaker Samuel Gargan

Thank you. We will take a 15 minute break.

Reply 1-13(8):
Item 9: Replies To Opening Address

Page 58

The Speaker Samuel Gargan

The House will come back to order. Good evening. We are on item 10, petitions. Item 11, reports of standing and special committees. Mr. Henry.

Committee Report 1-13(8): Report Of The Special Committee On Western Identity
Item 11: Reports Of Standing And Special Committees

Page 58

Seamus Henry Yellowknife South

Thank you, Mr. Speaker. Mr. Speaker, on behalf of the Members of the Special Committee on Western Identity, I am pleased to present the report of the committee.

Division of the Northwest Territories into two new jurisdictions require many changes to take place. Legally, politically and socially. One area identified for review was that of the official symbols which includes, among others, the flag, the mace and the coat of arms.

Symbols such as these have always been important to the public they represent. A great deal of ownership and pride is placed on these images, images that are seen as a reflection to the world. It was, therefore, important to Members of the Legislative Assembly to ensure that the official symbols of the new western territory be truly representative of the new geographical region and its people. They must reflect the identity of the people and the land, an identity that would truly be worth celebrating. To that end, the Special Committee on Western Identity was established on June 4, 1998 to consider and make recommendations on officials symbols and celebrations for the Northwest Territories.

Each of the five committee Members had a keen and genuine interest in how the people of the new NWT would consider their new identity and were honoured to accept a position on the committee that would help to define and reflect that reality. A coordinator was hired to handle administrative affairs and ensure the business of the committee proceeded as directed. One of the main tasks of the committee was to review the current official symbols and heraldry of the Northwest Territories. Members needed to determine if the symbols were appropriate for the new territory or whether they should be revised or completely changed.

Designs for a new flag and coat of arms were deemed appropriate by the committee as well. It was crucial to the Members that the people of the NWT have an opportunity to communicate their thoughts on these symbols. A nation-wide competition for designs was initiated, which resulted in 250 submissions for ideas for the new flag and the new coat of arms. The committee is pleased to have selected three designs for each symbol and due to time limitations, has recommended that the work of the committee in this area be passed onto another committee of the 14th Legislative Assembly to carry on with the final selection process.

The final official symbol under consideration by the committee was a mace. The Northwest Territories needed a new mace that would reflect the new territory. A call for proposals was awarded to three artists well known in the North. The mace is due to be completed by the end of October and the committee recommends that it be unveiled at the beginning of the 14th Legislative Assembly in the new year.

To develop an awareness of 1999 as a special year of change and new direction for the territory, the committee developed a visual identity program with an event name and logo, "NWT '99, Catch the Spirit". A line of promotional items featuring the festive and colourful logo was developed and distributed at a wide variety of events in the NWT, Canada and overseas.

The NWT '99 spirit set the stage for western identity celebration activities which was another mandate of the committee. It became apparent to the Members that the most appropriate way to celebrate the life of each community, would be in each community. It also seemed appropriate that each community should decide how and when during the year they would like to celebrate their identity in the new territory.

A one-time grant of $5,000 was made available to every community in the Northwest Territories for events or projects which reflected our new western identity. Those events were posted on the NWT 99 web site calendar and communities are welcome to post photos of their events afterwards.

While official symbols may depict the land and the people, a true western identity in the hearts of the people is not something that happens over night. The new NWT is on a road to a new future and it is this future, "of one land, many voices," that will create new identity.

Mr. Speaker, that concludes my overview of the report of the Special Committee on Western Identity and I move, seconded by the Honourable Member from Nunakput, that the report be received by the Assembly and referred to committee of the whole. Thank you, Mr. Speaker.

Committee Report 1-13(8): Report Of The Special Committee On Western Identity
Item 11: Reports Of Standing And Special Committees

Page 59

The Speaker Samuel Gargan

Thank you. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Committee Report, 1-13(8) is referred to committee of the whole. Mr. Henry.

Committee Report 1-13(8): Report Of The Special Committee On Western Identity
Item 11: Reports Of Standing And Special Committees

Page 59

Seamus Henry Yellowknife South

Thank you, Mr. Speaker. Mr. Speaker, I would request unanimous consent to waive rule 93(4) and have Committee Report 1-13(8) moved into committee of the whole for today. Thank you, Mr. Speaker.

Committee Report 1-13(8): Report Of The Special Committee On Western Identity
Item 11: Reports Of Standing And Special Committees

Page 59

The Speaker Samuel Gargan

The Member for Yellowknife South is seeking unanimous consent to waive rule 93(4) and have the report move into committee of the whole for today. Do we have any nays? There are no nays. Mr. Henry, you have unanimous consent. Committee Report 1-13(8) will be moved into committee of the whole for today. Item 12, reports of standing and special committees. Reports of committees on the review of bills. Mr. Erasmus.

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

Page 59

Roy Erasmus Yellowknife North

Thank you, Mr. Speaker. I wish to report to the Legislative Assembly that the Standing Committee on Government Operations has reviewed Bill 4, Access to Information and Protection of Privacy Statutes Amendment Act. We wish to report that Bill 4 is ready for consideration in committee of the whole.

And, Mr. Speaker, I seek unanimous consent to waive rule 70(5) and have Bill 4 moved into committee of the whole for today. Thank you, Mr. Speaker.

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

Page 59

The Speaker Samuel Gargan

Thank you. The Member for Yellowknife North is seeking unanimous consent to waive rule 70(5) and have Bill 4 moved into committee of the whole for today. Do we have any nays? There are no nays. Mr. Erasmus, you have unanimous consent. Bill 4 will be moved into committee of the whole for today. Reports on the committees on the review of bills. Item 13, tabling of documents. Item 14, notices of motion. Mr. Miltenberger.

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

Page 59

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Speaker. I apologise for not being in my seat. I request unanimous consent to return to tabling of documents.

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

Page 59

The Speaker Samuel Gargan

The Member for Thebacha is seeking unanimous consent to go back to item 13, tabling of documents. Do we have any nays?

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

Page 59

Some Hon. Members

Nay.

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

Page 59

The Speaker Samuel Gargan

There are nays. Mr. Miltenberger, you do not have unanimous consent. Notices of motion. Item 15, notices of motion for first reading of bills. Item 16, motions. Item 17, first reading of bills. Item 18, second reading of bills. Item 19, consideration in committee of the whole of bills and other matters. Bill 3, Bill 4, and Committee Report 1-13(8). By the authority given the Speaker by Motion 1-13(8), the committee of the whole may sit past adjournment until it is prepared to report with Mr. Krutko in the chair.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 59

The Chair

The Chair David Krutko

In committee of the whole of bills and other matters, we are dealing with Bill 3, Committee Report 1-13(8) and Bill 4. I would like to ask the wish of the committee. Mr. Dent.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 59

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Chairman. I would like to recommend that we consider Bill 3, followed by Bill 4 and then perhaps the committee report, if we have time.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 59

The Chair

The Chair David Krutko

Thank you, Mr. Dent. Does the committee? Agree?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 59

Some Hon. Members

Agreed.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 59

The Chair

The Chair David Krutko

We will start to deal with Bill 3, Legislative Assembly and Executive Council Act. I would like to ask the Minister responsible for Bill 3. Mr. Dent, do you have any opening comments?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 59

Charles Dent

Charles Dent Yellowknife Frame Lake

On behalf of all Members of the Legislative Assembly, I would like to present Bill 3, the new and much improved Legislative Assembly and Executive Council Act. The bill before you will replace the current act, which is sadly out of date as a result of outdated terminology and numerous amendments over the years. In addition to the technical wording updating, there were two reports commissioned by the Legislative Assembly that made recommendations in two major areas. The first was the report of the Conflict of Interest Review Panel on its review of matters relating to the conflict provisions of the act. The second was the report of the MLA Compensation Commission that reported early

in the life of this Assembly. Both of these reports Mr. Chairman, made a number of recommendations that were reviewed by the Management and Services Board.

After lengthy discussions with all Members, the bill before the Committee today provides a streamlined compensation system for Members of the Legislative Assembly. There are four principles that form the basis of a simple and accountable system for compensating MLAs those principles are:

1. Members are entitled to receive fair compensation for the work that they undertake and for their expenses in representing their constituents;

2. Members have a right to certainty -- to know their entitlements and to be clear about how allowances can be used;

3. The public has the right to understand the pay received by MLAs; and

4. MLAs have the right to be able to account for allowances in an atmosphere that is not clouded by issues and debate surrounding a system that Members of the public are unable to understand.

The proposed changes are major strides in providing the transparency that the public wants and will make the system easier to understand. One of the main changes would streamline the current system where MLAs are paid various indemnities for different aspects of the job, such as for committee and constituency work. These indemnities would be rolled into an annual salary. The bill proposes that the annual indemnity for a Member be $71,000. This would mean that all of the 19 Members of the 14th Legislative Assembly would receive this as a guaranteed base salary. The only other salary payments will be to those Members who take on the additional responsibilities as Speaker, Premier, Minister, Deputy Speaker or Chairperson of a standing committee. The additional payments for these positions will be: for the Speaker, $25,000; the Premier $54,000; a Minister $38,000; the Deputy Speaker $5,000; and the Chairperson of a standing committee $3,000. These amounts are clearly set out in the schedule to the bill.

The current act provides for non-accountable living and expense allowances. The bill before us today proposes instead that an accountable allowance be paid on the Members' behalf for accommodation in the capital city. The allowance would not exceed $15,000 a year. Expenses will be paid for travelling on assembly, committee or constituency business. The bill also proposes streamlining Members' allowances to operate his or her constituency. The system is flexible, while still maintaining public accountability for expenditures made by and on behalf of members. A detailed report containing the indemnities, allowances and expenses paid or reimbursed to a Member by the Legislative Assembly will be tabled annually.

Under current legislation, an increase or decrease in Members' indemnities, requires a decision of all Members and amendments to the act. Some concern has been expressed in the past about Members deciding how much of an increase or decrease they will receive. The bill before you today provides that any adjustments to Members' indemnities will match any increase or decrease in public service salaries. Another change in the system will be the deduction of $100.00 for each morning or afternoon a Member fails to attend a sitting or committee meeting without a reasonable explanation. The bill also provides a transitional allowance for Members who do not become Members after a general election.

The name of the Management and Services Board will change to the Legislative Assembly Board of Management and its meetings will be open to the public. The regulations approved by the Board of Management will be published and the Speaker will table the Board of Management's policies to allow for public scrutiny. I think, not only the general public, but the Members will appreciate the fairness, simplicity, transparency, ease of understanding, and accountability of the proposed compensation system for Members of the Legislative Assembly.

Part 2 of the bill provides for the establishment of the Executive Council, the appointment of its members, and the selection of the Premier. It also provides for the appointment of a Deputy Premier and Ministers. In addition, Part 2 clarifies the termination date of the terms of office of the Premier, Deputy Premier, and Ministers.

Other major changes deal with conflict of interest. These changes include implementing the recommendations made by the Conflict of Interest Review Panel in its report last April. Panel members recommended changes in four main areas:

1. A stronger and more accessible Conflict of Interest Commissioner's office;

2. A defined procedure for dealing with conflict of interest investigations;

3. A less expensive and more timely alternative to full public inquiries where warranted; and

4. A regime where NWT residents know what is expected of MLAs and senior appointed GNWT staff and how and where to voice concerns.

I think it is important that we remind ourselves that the conflict of interest provisions were put in place so that the public may be satisfied and have confidence in the actions of elected representatives. The bill provides the definition of the obligation of a Member. It states:

A Member has a conflict of interest when the Member exercises an official power or performs an official duty or function in the execution of his or her office and at the same time knows, or reasonably should know, that the performance of the duty or function or the exercise of the power may further his or her private interests or the private interests of his or her spouse or dependent child.

The process for filing a complaint, its investigation and disposition, has been refined to make it less complicated for the complainant and the Member named in the complaint. The bill provides that a Member, or any person, who believes on reasonable grounds that a Member has contravened any part of the conflict provisions, may file with the Conflict of Interest Commissioner, a written complaint setting out the grounds. In addition, the bill provides that the Conflict of Interest Commissioner may receive an oral complaint from a person where the Commissioner considers it appropriate to do so.

The efficiency and independence of the complaint process is apparent at this point. Once a complaint is filed, an investigation is conducted by the Conflict of Interest Commissioner who can find that the complaint was frivolous, vexatious or not made in good faith and there are no sufficient grounds to proceed.

However, if the Commissioner determines that there was an infraction but that infraction was trivial or inadvertent, or due to an error of judgement made in good faith, the Commissioner can dismiss the complaint. The findings would be reported to the Legislative Assembly.

If the Conflict of Interest Commissioner determines there are sufficient grounds to warrant an inquiry, he or she would direct an inquiry before a sole adjudicator be held. A list of sole adjudicators will be named by the Commissioner of the Northwest Territories on the recommendation of the Legislative Assembly. The sole adjudicator will conduct an inquiry in a manner provided for in the act and must report to the Legislative Assembly. Once the report of a sole adjudicator is tabled, the Legislative Assembly shall consider the report within 15 sitting days.

The other change to the act deals with paying costs related to a complaint. The bill proposes that the reasonable costs of a Member complained against shall be paid according to a policy of the Board of Management. The bill also proposes that no payment be made for a complainant's costs.

The other significant changes being proposed are in the following areas:

- disclosure by the Premier of a conflict in a meeting of the Executive Council;

- establishing a trust arrangement by the Speaker or Minister;

- application by the Speaker or Minister for authorization for a contract;

- all disclosure statements to be filed with the Conflict of Interest Commissioner;

- mandatory requirement for the members to meet with the Conflict of Interest Commissioner; and

- the appointment of a special Conflict of Interest Commissioner, where necessary.

If this bill is approved by the Legislative Assembly, it will come into force on December 7, 1999, the day after the next general election. This means that this Assembly will have provided the 14th Legislative Assembly with a new act that will allow Members to focus on the many significant issues that they will face. The Members, I hope, will see that they have a simple, fair, transparent and accountable compensation system. It allows for increased public confidence when complying with conflict of interest requirements as Members carry out their duties as elected leaders in the Northwest Territories.

Mr. Chairman, I will do my best, on all Members' behalf, to answer any questions. Mahsi.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 61

The Chair

The Chair David Krutko

Thank you, Mr. Minister. As this bill has been referred directly to committee of the whole there is no committee report. At this time, I would like to ask the Minister, Mr. Dent, if he wishes to bring in any witnesses.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 61

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Chairman. Yes, please.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 61

The Chair

The Chair David Krutko

Does the committee agree? Agreed. Sergeant-at-Arms could you escort the witnesses in. Mr. Minister, can you introduce your witnesses?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 61

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Chairman. I have the real boss of the Legislative Assembly beside me, Mr. David Hamilton, and I also have with me from the legal division or legislation division, legislative counsel, Diane Buckland, and Mr. Mark Aitken, director of legislation.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 61

The Chair

The Chair David Krutko

Thank you, Mr. Minister. General comments on the bill. Mr. Ootes.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jake Ootes

Jake Ootes Yellowknife Centre

Thank you, Mr. Chairman. I think this is the culmination of a number of areas that were of concern. One was the commission that was established to look into Members' salaries and benefits. There was concern about the many multitudes of processes that were used to pay our salaries and in addition there were areas where we receive expense allowances. They are really costs that we incur on behalf of our constituents. It was difficult to understand that for many people and we appreciate that and it was pointed out in the report that was issued by the commission that was established. Also, we had the Conflict Review Panel who brought forward a report.

This particular bill incorporates all of those recommendations. I think it was time that we did this. It will straighten it out and I think it is a very positive step, in my mind, for us to have gone through this and taken action on it. It does take effect for the next assembly and hopefully those Members will not encounter the kind of difficulties that we have faced. I don't believe they will if this bill passes. It straightens out a lot of areas and it deals with a multitude of areas, both expenses and incomes for Members of the Legislative Assembly, the Executive Council itself and then the conflict of interest area.

I am encouraged by this bill, Mr. Chairman. Certainly a lot of thought and a lot of work by a number of committees and reports have gone into it. As I said, the Member's compensation committee and then later the Conflict of Interest Review Panel. Those are my comments, Mr. Chairman.