Paragraph 51(3)(a) of the Elections Act provides that every person who accepts or holds any office, commission or employment, permanent or temporary, in the service of the Government of the Northwest Territories, to which any salary, fee, wages, allowance, emolument or profit of any kind is attached during the time that he or she is holding the office, commission or employment is not eligible to be a candidate.
Paragraph 51(4)(d) provides an exception by allowing an employee of the Government of the Northwest Territories to seek a leave of absence from their employment but does not provide the same privilege to a person who is appointed to a board or agency of the government.
The CEO has recommended that all persons named in paragraph 51(3)(a) would be eligible to be a candidate in a territorial election provided that they took a leave of absence from their duties.
Subsequent to the presentation of the report, the CEO sought and received a legal opinion that indicated that the territorial government would not be able to legislate boards and agencies outside of its immediate control to allow candidates to run. Consequently, the CEO asked that this recommendation be removed from consideration by the Standing Committee on Rules and Procedures. Committee members agreed with the CEO's assessment and did not consider offering an opinion on this recommendation.