Thank you, Mr. Speaker.
Significant Official Dealings
Committee heard that the term "significant official dealings" should be defined to provide more clarity and to reflect the increased decision-making role of Ministers in the post-devolution environment. Committee considered this carefully and conducted a review of other jurisdictions in Canada and found that, in most jurisdictions where the terms "significant official dealings" and "official dealings" are used, they are undefined.
The committee consulted with the Commissioner on this point, and it was his recommendation that the term remains undefined to allow for a more contextual or case-by-case analysis, as each issue arises. The committee agreed with the Commissioner's advice. Recognizing the important role the Commissioner plays in interpreting and applying the act, committee passed a motion that would allow the Commissioner to make recommendations for changes to the act as part of their annual report.
Controlling Interest
In the act, a conflict of interest may arise where a Member, their spouse, or dependent child has a controlling interest in a corporation or similar organization. Committee heard submissions that the term "controlling interest" may not fully capture all situations where a Member may have a beneficial interest in a corporation or similar organization. It was recommended that "controlling interest" be replaced with the term and concept of "beneficial ownership" to bring it in line with current best practices and the Canada Business Corporations Act.
The committee accepted this recommendation and passed a number of motions to make this change throughout the Legislative Assembly and Executive Council Act. A motion was also passed to amend the bill to require that any Members report any beneficial ownership as part of their public disclosure statement filed with the Commissioner.
Disclosure of Gifts and Personal Benefits over $400
The Legislative Assembly and Executive Council Act provides that a Member may not accept a gift or personal benefit directly tied to their duties as a Member unless it is received as part of normal protocol or social obligations that accompany their office. Gifts or personal benefits over $400 become the property of the Legislative Assembly or Government of the Northwest Territories. Where gifts or personal benefits over $400 are received or the total value from one organization in one year exceeds $400, they must be reported to the Commissioner. Committee passed a motion that requires the value and description must be reported and included as part of a Members' annual disclosure statement.
Oath of Loyalty
While there was general support for the new oath of loyalty, concerns were raised about Members making a commitment to act in a manner that was consistent with the Northwest Territories Act as this was a piece of federal legislation and could in fact limit the ability of Members to push for changes to the role and powers of the Legislative Assembly. Committee agreed and passed a motion removing the reference to the Northwest Territories Act from the oath of loyalty.
Transparency and Public Accessibility
Several presenters noted the need for increased accessibility to information that is made public under the Legislative Assembly and Executive Council Act. It was noted that Members' public disclosure statements are available publicly but are only accessible by hard copy in the library at the Legislative Assembly in Yellowknife. It was also noted that a number of documents that the Commissioner is required to produce are tabled in the Legislative Assembly, but a member of the public must know about these documents and then search through all tabled documents posted on the Assembly's web site.
Committee made a number of amendments to the bill to require that all of these documents be posted online on a registry to be made more publicly accessible. Further, the committee made the following recommendation.
Recommendation 1:
The Standing Committee on Rules and Procedures recommends that the Legislative Assembly of the Northwest Territories create a separate section on its web site for the Integrity Commissioner and that all documents that must be posted on the register be located on this page.
Thank you, Mr. Speaker. I would like to turn this now over to the Member for Nahendeh. Thank you.