Roles

In the Legislative Assembly

Elsewhere

Historical Information Michael Ballantyne is no longer a member of the Legislative Assembly.

Last in the Legislative Assembly September 1995, as MLA for Yellowknife North

Won his last election, in 1991, with 51% of the vote.

Statements in the House

Question 35-12(5): Level Of Policing In Yellowknife February 8th, 1994

Madam Speaker, that was a long, philosophical, interesting answer, but I think it answered more than the actual question I had asked. I think people are very supportive of the initiatives of the Minister in smaller communities. There is no argument with that. Smaller communities deserve to have basic policing services.

Our concern, though, is with the Minister's responsibilities for the safety of everybody. Here in Yellowknife, the RCMP also look after the safety of Ndilo, Dettah and the largest aboriginal community in the Northwest Territories who live here in Yellowknife. It is my very strong feeling that the RCMP in Yellowknife, right now, are doing a great job, but they are really over-extended. We're at the breaking point here, as far as providing a safe environment for the people who live in Yellowknife. I wonder what specific steps the Minister is prepared to support to deal with this issue, before we have a very serious problem.

Question 35-12(5): Level Of Policing In Yellowknife February 8th, 1994

Thank you, Madam Speaker. It has been 100 months since I've asked an oral question so I'm looking forward to this one. My question is to the Minister of Justice. The question I would like to get a response to is on the level of policing in Yellowknife. Over the past while, the safety situation in Yellowknife, I think, has deteriorated considerably. For the first time in my memory, there have been armed robberies. There are break and enters, we have had drunken brawls in the streets of Yellowknife in the summer when the bars shut down, and we have unsolved crimes in Yellowknife. I wonder what the Minister is doing to address this very serious situation.

Major Issues Facing The NWT Legislative Assembly December 12th, 1993

Thank you, Madam Speaker. I think the timing is critical. I think the window of opportunity it short. As the terrible financial picture becomes clearer to the present federal government, their flexibility is going to whither away. So my suggestion to the government is, put a plan together and implement it immediately. I think it is an opportunity we have now in the next two or three months, that we won't have two years from now. Thank you.

---Applause

Major Issues Facing The NWT Legislative Assembly December 12th, 1993

Madam Speaker, I seek unanimous consent to continue with my statement.

Major Issues Facing The NWT Legislative Assembly December 12th, 1993

Thank you, Madam Speaker. On behalf of my constituents, I would like to congratulate you on becoming Speaker. I'm sure you will be a fine and fair Speaker. I, for one, am very confident in your ability to do a great job. I thought quite a bit about what I would say in my first Member's statement for many years. Over the past couple of years, we've heard about many of the problems that are facing the people of the Northwest Territories: about the health billings problem with its ramifications of over $100 million; the housing issue with another $17 million; forest fire suppression is $9.5 million. Looking at the cost of land claims, there is a potential of many millions that will be in dispute with the federal government. We have further possible deficits of $25 million or $35 million. We have talked about possible revenue resources, the northern accord and the mining accord. On each one of these issues, the government has made valiant efforts to try to deal with each issue. I think the danger is to concentrate on one issue, at the expense of the totality. The deficit of $35 million pales, when one thinks of the $200 million or $300 million a year it may cost to divide the territories.

Formula financing issues, again, are very important but they, alone, won't solve the problem. I think it is time for the government to put together a comprehensive strategy to deal with the federal government looking for a ten year plan, which will give fiscal certainty and which will also turn over some of the levers of economic power to both territories. It is critical that the strategy is developed. The strategy is not a list of requests. It is a specific task for each Minister. It means bringing the political expertise of the Cabinet to bear on the federal government. Unless we look at all these problems in totality, we are doomed to failure. We may win a court case about health, we may win $100 million, but they will take $100 million away somewhere else. So I think it is incumbent on this Cabinet to come up with a comprehensive strategy...

Committee Report 19-12(3): Report On The Revision Of The Rules March 30th, 1993

It is agreed. The proposed revised rule book will be printed as read. Mr. Zoe.

General Rules

1(1) The proceedings in the Legislative Assembly of the Northwest Territories and in all committees of the Legislative Assembly shall be conducted according to these rules.

(2) In all cases not provided for in these rules or by other orders of the Assembly, the customs and procedures of this Assembly, the House of Commons and the provincial and territorial Legislatures shall be followed, so far as they apply to this Assembly.

2 In these rules:

(a) "Assembly" means the Legislative Assembly of the Northwest Territories;

(b) "Clerk" means the Clerk of the Assembly;

(c) "Hansard" means the edited official record of the Assembly proceedings;

(d) "House" means the Legislative Assembly of the Northwest Territories;

(e) "Law Clerk" means the legal counsel to the Assembly;

(f) "Minister" means a Member of the Executive Council of the Government of the Northwest Territories;

(g) "Point of Order" means any departure from any written or unwritten rule or custom of this Assembly or of parliamentary tradition;

(h) "Private Bills" means those bills related to matters of particular interest or benefit to a person or persons, corporation or municipality;

(i) "Private Members' Bills" are public or private bills introduced by ordinary Members. Private Members' bills shall not involve the expenditure of public funds or the imposition of any tax;

(j) "Privilege" means all of the privileges to which Legislatures and their Members are traditionally entitled.

The privileges of Members include:

(i) freedom of speech;

(ii) freedom from arrest in civil matters;

(iii) exemption from jury duty;

(iv) exemption from attendance as a witness in court while the House or a committee is sitting; and

(v) freedom from obstruction and intimidation in relation to their duties as elected representatives.

The privileges of the House include:

(i) the power to maintain order and to discipline for breaches of privilege and for contempt of the House. Contempt of the House may include disobedience to its orders, misconduct before it, affronts against its dignity and authority, and any act or omission which impedes or obstructs the House or its Members in the performance of their duties; and

(ii) the right to regulate its internal affairs, including the right to set its own rules and to exercise control over publications.

(k) "Public Bills" are bills relating to matters of administration or public policy of general application within the Northwest Territories;

(l) "Rules" means the rules of the Legislative Assembly;

(m) "Strangers" means any persons admitted to the floor of the Assembly chamber other than the Commissioner, Members, officers and staff of the Assembly and witnesses appearing before the committee of the whole;

(n) "Transcript" means the unedited record of the Assembly proceedings.

Sittings Of The Assembly

3(1) The Assembly shall hold two sessions each year;

(a) one beginning the second Wednesday in February; and

(b) one beginning the first Wednesday in October.

(2) Notwithstanding rule 3(1), the Commissioner shall call the Assembly into special session at the request of

the Executive Council or of a majority of the Members of the Legislative Assembly.

4(1) The Assembly shall meet on Mondays, Tuesday, Wednesdays and Thursdays from 1:30 pm to 6:00 pm and on Fridays from 10:00 am to 2:00 pm unless otherwise ordered.

(2) When the Assembly rises on Friday it stands adjourned until the following Monday unless otherwise ordered.

5 The Assembly shall not meet on New Year's day, Good Friday, Easter Monday, Victoria day, Canada day, the first Monday in August, Labour day, Thanksgiving day, Remembrance day, Christmas day and Boxing day unless otherwise ordered.

6 At 6:00 pm on Mondays, Tuesday, Wednesdays and Thursdays, and at 2:00 pm on Fridays the Assembly shall be interrupted by the Speaker, or if the Assembly is in committee of the whole, by the chair, who shall rise and report progress. The Speaker shall adjourn the Assembly and all remaining business shall stand over until the next sitting day when it shall be taken up at the point of interruption.

Quorum

7(1) The presence of a majority of the Members, including the Speaker, shall be necessary to constitute a meeting of the Assembly.

(2) A majority of Members constitutes a quorum of the Assembly.

(3) If at the time of meeting the Speaker takes the chair and finds there is not a quorum, the Speaker shall adjourn the Assembly until the next sitting day.

(4) Whenever the Speaker adjourns the Assembly for lack of quorum, the time of adjournment and the names of the Members present shall be recorded in Hansard.

(5) If the attention of the Speaker is drawn to a lack of a quorum during a sitting, the Speaker shall call in the Members for up to 15 minutes. If there is still no quorum the Speaker shall adjourn the Assembly until the next sitting day.

(6) If the attention of the chair is drawn to a lack of a quorum, the chair shall call in the Members for up to 15 minutes. If there is still no quorum the chair shall rise and report to the Speaker.

8 Notwithstanding rule 6, a Member may propose a motion without notice in the Assembly or in committee of the whole to continue a sitting beyond the hour of daily adjournment for the purpose of continuing consideration of a specified item of business, subject to the following conditions:

(a) the motion must relate to the business then being considered;

(b) the motion must be proposed prior to the scheduled time for daily adjournment; and

(c) the motion shall not be subject to debate or amendment.

Speaker

9(1) At its first sitting after a general election, or when a vacancy occurs in the office of the Speaker, the House shall elect a Speaker from among its Members before entering into any business.

(2) The election of the Speaker shall be presided over by the Clerk and shall take place by motion without notice. A motion must be made and seconded for each Member proposed, and may not be amended.

(3) If only one Member is proposed the Clerk shall declare that Member elected. If two or more Members are proposed the motions shall be considered jointly. At the conclusion of the debate, the motion first made shall be placed first, and if it is carried the proposed Member shall be declared elected. If it is defeated the motions will be placed in the order in which they were proposed until a Member is elected.

(4) In the case of a tie, the Clerk shall declare the motion to be defeated.

(5) The Speaker shall hold office at the pleasure of the Assembly.

10(1) The Speaker shall not take part in any debate before the Assembly.

(2) In the case of a tie, the Speaker shall cast the deciding vote, and may state reasons.

11(1) If the Speaker is unable to act, the Deputy Speaker shall act in his place.

(2) A motion to remove the Speaker, Deputy Speaker or a chair of committee of the whole requires notice to be given in accordance with rules 30 and 39.

Deputy Speaker - Committee Chairs

12(1) A Deputy Speaker shall be elected at the commencement of every Assembly.

(2) In the case of a vacancy in the office of the Deputy Speaker the Assembly shall elect a successor without delay.

(3) The Deputy Speaker shall act as chair of committee of the whole and shall preside over and maintain order in the committee.

(4) Two deputy chairs of committee of the whole shall be elected at the commencement of every Assembly. During the absence of the chair or when directed by the Speaker one of the deputy chairs named by the Speaker shall act as chair of the committee of the whole Assembly.

(5) In the absence of the Deputy Speaker and the deputy chairs of committee of the whole, the Speaker shall appoint any Member to act as chair of committee before leaving the chair.

Order And Decorum

13(1) The Speaker shall preserve order and decorum and shall decide questions of order.

(2) In deciding a point of order or practice, the Speaker shall state the applicable rule or other authority. The Speaker's decision shall not be subject to debate or appeal.

(3) Whenever the mace is on the table, Members shall upon entering, leaving or crossing the Assembly chamber show respect for the right of people to rule their own lives by bowing in the direction of the mace.

(4) Out of respect no Member shall pass between the chair and the table when the mace is on the table.

(5) When the Speaker is putting a question, no Member shall enter, leave or cross the House, or make any noise or disturbance.

(6) When a Member is speaking, no Member shall pass between that Member and the chair, nor interrupt him or her except to raise a point of order or question of privilege.

(7) Members shall refer to each other by surname or as "the honourable Member for (name of constituency)" or as "the honourable Member."

(8) When the Speaker speaks, any Member speaking shall sit and the Speaker shall be heard without interruption.

(9) When in the Assembly every Member shall be attired in native dress or in a manner appropriate to the dignity of the Assembly.

(10) Smoking is not permitted during any proceedings of the Assembly. Food and beverages, other than water, may not be brought into or consumed in the chamber.

(11) When the Assembly adjourns the Members shall stand and remain standing in their places until the Speaker has left the chamber.

Conflict Of Interest

14 No Member is entitled to vote upon any question in which he or she has a direct or indirect financial interest, and the vote of any Member so interested shall be disallowed.

15 Notwithstanding rule 14, a Member is entitled to vote upon any question concerning the indemnities, expenses, allowances and salaries of that Member or any other Member payable by the Government of the Northwest Territories.

Strangers

16(1) Strangers may be admitted to that part of the Assembly chamber set aside for that purpose.

(2) No stranger admitted to the Assembly chamber shall:

(a) at any time enter into that portion of the chamber reserved for the use of Members, officers and staff;

(b) send written notes to Members or Assembly staff, except through a page on duty;

(c) use any type of photographic, television or sound equipment in the chamber unless previously authorized by the Speaker.

17(1) When any Member takes notice that strangers are present on the floor of the chamber the Speaker or the chair shall put the question "Shall strangers be ordered to withdraw." The question shall not be subject to debate or amendment.

(2) Notwithstanding rule 17(1), the Speaker or the chair may at any time order the withdrawal of strangers or the clearing of the gallery.

18 The Sergeant-at-Arms shall, when ordered by the Speaker or the chair, eject any stranger who engages in misconduct or does not withdraw when directed.

Business Of The Assembly

19 A prayer shall be read in an official language each sitting day before the Assembly enters upon any business. The Speaker may read a prayer, or may call upon a willing Member or the Clerk to read a prayer.

20(1) The opening day of each session shall begin with an "Opening Address" read by the Commissioner of the Northwest Territories.

(2) The order of business on the opening day of each session shall be:

1. Prayer

2. Opening Address

3. Ministers' Statements

4. Members' Statements

5. Oral Questions

6. Written Questions

7. Petitions

8. Reports of Standing and Special Committees

9. Tabling of Documents

10. Notices of Motion

11. Notices of Motions for First Reading of Bills

12. Motions

13. First Reading of Bills

14. Second Reading of Bills

15. Orders of the Day

(3) The daily routine of business in the Assembly shall be:

1. Prayer

2. Ministers' Statements

3. Members' Statements

4. Returns to Oral Questions

5. Oral Questions

6. Written Questions

7. Returns to Written Questions

8. Replies to Opening Address

9. Petitions

10. Reports of Standing and Special Committees

11. Reports of Committees on the Review of Bills

12. Tabling of Documents

13. Notices of Motion

14. Notices of Motions for First Reading of Bills

15. Motions

16. First Reading of Bills

17. Second Reading of Bills

(4) The order of business in the Assembly each day after the daily routine shall be:

1. Consideration in Committee of the Whole of Bills and Other Matters

2. Report of Committee of the Whole

3. Third Reading of Bills

4. Orders of the Day.

Ministers' Statements

21(1) A Minister may make a short factual announcement or statement of government policy.

(2) A copy of each Minister's statement, with translation, shall be filed with the Clerk one hour prior to the sitting of the Assembly during which the statement will be given.

(3) The Clerk shall give a copy of each statement to each Member prior to or during the sitting of the Assembly during which the statement will be given.

(4) Notwithstanding rule 21(2), in the case of an emergency a Minister may make a statement without filing a copy with the Clerk.

(5) Any Member may, without notice, move a Minister's statement into committee of the whole for discussion. The motion shall not be subject to debate or amendment.

(6) The time allotted for Ministers' statements shall not exceed twenty minutes.

Budget Address And Replies

22(1) Under the item "Ministers' Statements," the Minister of Finance may inform the House of his intention to present the budget address on a specific date.

(2) Upon receiving notice of the budget address, the Speaker shall place the item "Budget Address" on the orders of the day for the day of presentation immediately after "Prayer."

(3) The item "Replies to Budget Address" shall be placed on the orders of the day after "Replies to Opening Address" on the day of the presentation of the budget and for the next six sitting days.

(4) Every Member may make one reply not to exceed twenty minutes.

Members' Statements

23(1) Under the item "Members' Statements," a Member may make a statement on any matter.

(2) The Speaker may order a Member who makes improper use of the Member's statement to take his seat.

(3) Statements made under rule 23(1):

(a) shall not exceed two and one half minutes;

(b) shall be confined to one matter; and

(c) shall be limited to one statement per day by any Member.

(4) A Minister may make a statement in accordance with rule 23(1), but the statement must not relate to his or her responsibility as a Minister.

Orders Of The Day

24 All items on the orders of the day shall be taken up according to their precedence on the order paper.

25 The orders of the day shall include all items that are pending in committee of the whole.

26 Immediately prior to adjournment on each sitting day the Clerk shall announce the orders of the day for the next sitting day.

27 All items on the orders of the day not taken up at the adjournment of the Assembly shall be placed on the orders of the day for the next sitting day.

Replies To Opening Address

28(1) Every Member may make one reply to the opening address given pursuant to rule 20(1) and may speak on any matter.

(2) The item "Replies to Opening Address" shall be placed on the orders of the day for the day after opening day and for every following sitting day, except the day of prorogation.

Motion To Adjourn

29A motion to adjourn either the Assembly or a debate is always in order, but no second motion to adjourn may be made until an intermediate proceeding has taken place.

Waiver Of Rules

30(1) The Assembly may waive any rule, procedure, custom or precedent by unanimous consent.

(2) Notwithstanding, rule 30(1) does not apply to the removal of the Speaker, Deputy Speaker or a deputy chair of committee of the whole.

Privilege

31(1) When a matter of privilege arises it shall be considered immediately.

(2) A Member may always raise a question of privilege in the Assembly immediately after the words are uttered or the events occur that give rise to the question.

(3) The Speaker may allow debate to assist the Speaker to determine whether a prima facie case of breach of privilege has taken place and whether the matter is being raised at the earliest opportunity.

(4) When the Speaker has ruled

(a) that there appears to be a prima facie breach of privilege, and

(b) that the matter has been raised at the earliest opportunity, then any Member may either immediately propose a motion or, by the conclusion of the next sitting day, give notice of a motion calling upon the Assembly to take action on the matter or referring the matter to a committee of the Assembly.

(5) If the Speaker rules that there is no prima facie case of privilege or that the matter has not been raised at the earliest opportunity, the matter is then closed.

(6) Unless otherwise directed by the Assembly, it is not a breach of privilege for a Member of a committee to discuss with the Members of the Assembly, on a confidential basis, matters that are under consideration by the committee.

32(1) With leave of the Speaker, any Member may explain a matter which, although not a contempt or breach of privilege, concerns the Member in his or her capacity as a Member of the Legislative Assembly. In particular, the Member may explain that he or she has been misquoted or misunderstood, or deny published accusations against the Member. The explanation must be clear and concise and no debate shall be allowed.

(2) At least one hour prior to making the remarks the Member must provide written notice to the Speaker settling out of the substance of the Member's comments. If responding to written or spoken words, the Member must attach to the notice a copy of the written words or notes of the spoken words.

Rules Of Debate

33 Every Member recognized to speak shall stand in his or her place and address the Speaker.

34 No Member shall speak for more than twenty minutes at any time in debate, but this rule does not apply to:

(a) replies to opening address; and

(b) Members' statements.

35 In debate a Member will be called to order by the Speaker if the Member:

(a) speaks twice to a question, except in the case of a mover concluding debate, or in explanation of a material part of the Member's speech which may have been misquoted or misunderstood. The Member is not to introduce any new matter and no debate shall be allowed upon any explanation;

(b) speaks to matters other than:

(i) the question under discussion;

(ii) a motion or amendment the Member intends to move; or

(iii) a question of privilege or a point of order;

(c) persists in needless repetition or raises matters which have been decided during the current session;

(d) refers at length to debates of the current sessions or reads unnecessarily from Hansard or any other document. The Member may quote relevant passages which are necessary to complain of something said or to reply to an alleged misrepresentation.

(e) interrupts another Member except to raise a point of order or privilege;

(f) reflects upon any previous vote of the Assembly except for the purpose of moving that it be rescinded;

(g) refers to any matter

(i) that is pending in a court or before a judge; or

(ii) that is before any quasi-judicial, administrative or investigative body constituted by the Assembly or under the authority of an act of the Assembly where any person may be prejudiced in such matter by the reference;

(h) makes allegations against another Member, a House officer or a witness;

(i) imputes false or hidden motives to another Member;

(j) charges another Member with uttering a deliberate falsehood;

(k) uses abusive or insulting language of a nature likely to create disorder;

(l) speaks disrespectfully of Her Majesty, any member of the royal family, His Excellency the Governor General, the Commissioner, the Assembly or any Member; or

(m) introduced any matter in debate that offends the practices and precedents of the Assembly.

36 The Speaker shall inform the Assembly that the reply of the mover of the original motion closes the debate.

Point Of Order

37(1) A Member addressing the Assembly who is called to order by the Speaker or on a point of order raised by another Member shall sit while the point of order is stated.

(2) When the point of order has been stated the Member called to order may explain.

(3) The Speaker may permit debate strictly relevant to the point of order giving a decision.

Naming Of A Member

(4) If a Member is called to order for words spoken in debate, the words shall be recorded by the Clerk on the request of any Member. Any Member who has used offensive words and does not retract them or explain or apologize to the satisfaction of the Assembly may be censured or dealt with as the Assembly thinks fit.

(5) If a Member engages in irrelevance of lengthy repetition of his own or other Members' arguments, the Speaker or the chair may call the attention of the Assembly or the committee of the whole, respectively, to the conduct of the Member. If the Member persists in this conduct, the Speaker or the chair may direct the Member to stop speaking. If the Member continues to speak in the Assembly the Speaker shall name the Member. If the Member continues to speak in committee of the whole, the chair shall report the Member to the Speaker.

(6) A Member may be named by the Speaker for disregarding the authority of the chair, or for abusing the rules by persistently and wilfully obstructing the business of the Assembly.

(7) A Member named under rule 37(5) or (6) shall be suspended from the Assembly for the remainder of the sitting day. A motion without notice may be moved to increase the length of the suspension of the named Member and shall be decided without amendment or debate.

(8) If the named Member refuses to leave after the Assembly orders him or her to leave, a motion may be made to increase the length of the suspension for the remainder of the session.

(9) Where an offence to which rule 37(5) or (6) applies is committed in committee of the whole the chair shall suspend proceedings and report the circumstances to the Assembly. The Speaker shall proceed as if the offence had been committed in the Assembly.

Emergency Debate

38(1) After oral questions a Member may move to set aside the ordinary business of the House to discuss a matter of urgent importance requiring immediate consideration, subject to the following conditions:

(a) the Member proposing the motion shall give written notice of the matter proposed to be discussed by the Speaker at least one hour before the sitting of the House;

(b) no more than one matter shall be discussed on the same motion;

(c) the motion must not revive discussion on a matter which has been discussed in the same session pursuant to this rule;

(d) the motion must not raise a matter of privilege;

(e) the motion must not raise any matter which may only be debated upon a motion with notice.

(2) On any day during which more than one notice is received under this rule, the Speaker shall decide which notice shall receive precedence.

(3) The Member proposing the motion may make a statement of not more than five minutes explaining the matter to be discussed.

(4) The Speaker may allow such debate as he or she considers necessary to decide the question of urgency of debate and shall then rule on whether the matter is proper for discussion under this rule.

(5) No Member may speak for more than five minutes in debate pursuant to rule 38(4).

(6) If the Speaker rules that the matter is proper for discussion under this rule, the question of whether the debate shall proceed shall be decided by a vote of the Members.

(7) No Member shall speak for more than ten minutes in debate pursuant to this rule, and the debate shall conclude:

(a) when all Members wish to speak have spoken; or

(b) at the usual hour of adjournment;

whichever occurs first.

Notice

39 Forty-eight hours notice shall be given of a motion.

40 Notwithstanding rule 39, no notice is required for the following motions:

(a) to continue a sitting beyond the normal hour of daily adjournment;

(b) introduced in committee of the whole to amend a bill or a motion, or to report progress;

(c) to suspend a Member from the Assembly;

(d) to order the withdrawal of strangers;

(e) to adjourn the Assembly or the debate;

(f) to deal with a question of privilege;

(g) relating to bills after their introduction;

(h) to set aside the ordinary business of the House to discuss a matter of urgent public important, provided that one hour's notice has been given to the Speaker;

(i) to move a Minister's statement into committee of the whole; or

(j) to amend another motion.

41(1) A Member giving notice shall:

(a) specify the day on which the motion is to be moved;

(b) read the full text of the resolution of the motion; and

(c) deliver at the table a written copy of the motion.

(2) The notice referred to in rule 41(1) shall be included in Hansard.

42 No Member shall give more than two notices of motion in one day.

Motions And Amendments

43(1) A motion is used to propose that the Assembly

(a) do something,

(b) order something to be done, or

(c) express an opinion on a matter.

(2) An adopted motion becomes either an order or resolution of the Assembly. It becomes an order when the Assembly requires its committees, its Member or any other person to do something. It becomes a resolution when it declares the opinion of the Assembly or affirms a fact or a principle.

44 All motions shall be in writing, and shall be read by the mover and seconded before being debated or put from the chair.

45 All motions are debatable except those:

(a) to continue a sitting beyond the hour of daily adjournment;

(b) to suspend a Member from the Assembly;

(c) to order the withdrawal of strangers;

(d) to give first reading of a bill;

(e) to adjourn the committee of the whole or the Assembly;

(f) to remove the Speaker, deputy speaker or a deputy chair of committee of the whole; or

(g) to move a Minister's statement into committee of the whole;

(h) to defer a motion or item under discussion.

46(1) Every Member has the right to speak once to a motion. The mover of the motion also has the right to the last reply.

(2) Notwithstanding rule 46(1), the mover of an amendment to a motion has no right to the last reply.

47 When a question is under debate no motion shall be received except:

(a) to amend the question;

(b) to postpone the question to a specific day;

(c) to adjourn the debate;

(d) to defer the question;

(e) to extend sitting hours;

(f) to report progress when in committee of the whole; or

(g) to adjourn the Assembly.

48 A motion to refer a bill, resolution or question to committee of the whole or to a standing or special committee shall take precedence over amendments to the bill, resolution or question.

49 A Member who has made a motion may withdraw it with the consent of the seconder provided debate has not begun.

50 Whenever the Speaker is of the opinion that a motion offered to the Assembly is contrary to the rules and privileges of the Assembly, the Speaker shall inform the Assembly immediately, quoting the applicable rules or authority, and shall not put the question to the Assembly.

51(1) A motion that has been twice called from the chair and not proceeded with shall be dropped, but it may be restored to the order paper after due notice.

(2) If a restored motion is again called from the chair and not proceeded with, it shall be dropped from the

order paper, and may not be introduced again during the same session.

52 A formal motion that has been defeated in the Assembly cannot be made again in the same session. A motion that has been carried may be rescinded by a new motion.

53 A motion defeated in committee of the whole may be made again in the Assembly at the same session.

Voting

54(1) Questions shall only be put when a quorum is present.

(2) Questions shall be decided by a majority of Members voting.

(3) If a quorum of Members is not present on a question, the Speaker or chair of committee of the whole shall call in the Members in accordance with rule 7(5) and (6).

55(1) The names of the Member voting on each side of the question shall not be recorded in Hansard unless a recorded vote is requested by a Member.

(2) When a recorded vote is requested the Speaker shall first call upon the mover of the motion, and then upon those voting in the affirmative, and in the negative, and those abstaining, to rise. Names shall be called successively from the mover's left, and shall be recorded in Hansard.

Questions

56 Written and oral questions relating to public affairs may be asked of a Minister. In putting a question or replying to it, no argument, opinion or facts shall be stated except so far as is necessary to explain, and the matter referred to shall not be debated.

Oral Questions

57(1) Under the item "oral questions," questions relating to public affairs may be put to Ministers.

(2) An oral question shall be concisely and clearly put and shall refer only to a matter which may reasonably be assumed to be within the present knowledge of the Minister to whom it is directed.

(3) The Minister may:

(a) answer the question; or

(b) state that he or she takes the question as notice and answer it orally on a subsequent day under the item "returns to oral questions."

(4) When a Minister answers an oral question, only three supplementary questions per Member directly related to the same subject may be asked.

(5) The time allotted for oral questions shall not exceed sixty minutes.

Written Questions

58(1) Under the item "written questions", written questions may be asked of Ministers. A question which would be likely to require a detailed or complex answer, or which would not reasonably be assumed to be within the present knowledge of the Minister, should be posed as a written question.

(2) All written questions shall be filed with the Clerk, who shall endorse the date of filing and provide copies to all Members.

59(1) A Minister to whom a written question is directed shall, without necessary delay, file a reply with the Clerk, who shall endorse the date of filing.

(2) Under the item "returns to written questions," the Clerk shall inform the Assembly of the returns or provisional returns received, deliver copies to all Members, and have the returns printed in Hansard.

(3) Under the item "returns to written questions," a Minister may read a return which has been filed in accordance with rule 59(1).

(4) A Minister shall provide a return to a written question within 21 calendar days, unless the Minister files a provisional return with the Clerk indicating:

(a) that more time is required;

(b) the reason for the delay; and

(c) the date upon which the information will be provided.

Petitions

60(1) A petition to the Assembly may be presented by a Member at any time during a sitting of the Assembly by filing it with the Clerk, or in the manner set out in rule 60(2).

(2) A Member may present a petition from his or her place in the House under the item "petitions." The Member shall endorse his or her name on the petition and shall confine the presentation to a statement of the petition, the number of signatures and the material allegations. A Member shall not exceed five minutes in presenting a petition.

(3) Every petition presented under rule 60(2) shall be reported to the House by the Clerk under the item "petitions."

(4) No debate shall be allowed on the presentation of a petition.

(5) A Member presenting a petition shall be answerable for any impertinent or improper matter that it contains.

(6) Petitions may be either written or printed. When there are three or more petitioners the signature of at least three petitioners shall be set on the sheet containing the body of the petition.

(7) A petition that complains of some present personal grievance requiring an immediate remedy may be debated immediately.

(8) A Member may, after notice, move that a petition be referred to a standing or special committee which shall report its recommendations to the Assembly.

(9) The Clerk shall deliver all petitions presented to the Speaker or the Minister responsible.

(10) The Speaker or the Minister responsible shall provide a response to a petition within 60 days of its presentation. The response shall be tabled at the earliest opportunity.

Tabled Documents

61(1) Under the item "tabled documents," a Member may provide the House any document which is required to be tabled in the House by any act or order of the Assembly, or which may be in the public interest. A Member may make a brief factual statement to identify the document.

Bills

62 Every bill shall be introduced upon notice of motion for first reading specifying the title of the bill.

63 No bill may be introduced in blank or in imperfect form.

64(1) Every bill shall receive three separate readings, on different days, before being passed.

(2) Notwithstanding rule 64(1), a bill may be read two or three times, or advanced two or more stages in one day, unless this action is opposed by two or more Members.

65 When a bill is presented the question "That this bill be now read for the first time" shall be decided without amendment or debate.

66 Notwithstanding rule 64, an appropriation bill bringing forward the capital or operation and maintenance budget for the forthcoming year may receive second reading on the same day on which it received first reading.

67 The Clerk or clerk assistant shall certify upon each bill the date of reading and of passage.

68 Every bill shall be read twice in the Assembly before committal or amendment.

69(1) The debate on a motion for second reading must be limited to the object, expedience, principles and

merits of the bill. The details of the bill are not debatable.

(2) Unless otherwise ordered by the Assembly, when a bill is read for the second time it stands ordered to the appropriate standing or special committee.

(3) Notwithstanding rule 69(2), when a bill for the appropriation of any part of the public revenue of the Northwest Territories is read for the second time it stands ordered into committee of the whole for consideration.

70(1) Unless otherwise ordered by the Assembly, bills referred to a committee shall not be proceeded with until the Assembly receives the report of the committee or 120 days pass from the day the bill was given second reading.

(2) All amendments made in a standing or special committee must have the concurrence of the sponsor of the bill.

(3) All amendments made in the committee shall be reported to the Assembly. Every bill reported from any committee, whether amended or not, shall be received by the Assembly and ordered into committee of the whole.

(4) When amendments to a bill have been made in a committee, the bill shall be reprinted as amended and introduced with the report of the committee.

(5) Unless otherwise ordered by the Assembly, a bill reported by a committee shall not be taken into consideration until two sitting days have passed from the presentation of the report.

71(1) In proceedings in committee of the whole on bills, the preamble and title are first postponed; then every other clause is considered by the committee in its proper order. The preamble and title are considered last.

(2) All amendments proposed to bills in committee of the whole must be written and translated and made available to the Assembly at the time the amendment is proposed.

72(1) When a bill is being considered in committee of the whole, questions relating to the content of the bill shall only be addressed to the Minister or Member in charge of the bill.

(2) Notwithstanding rule 72(1), a Minister may refer questions on a bill to another Minister.

(3) When a bill is being considered in committee of the whole, the Minister or Member in charge of the bill may, with the consent of the committee as provided in rule 97(1), have witnesses appear to supply information as required.

73(1) When a bill has been amended in committee of the whole it shall be reprinted as amended if so ordered by the committee.

(2) When the bill has been sent to be reprinted, it shall be marked on the orders of the day "being reprinted," and shall not be further proceeded with until that mark has been removed.

74(1) All amendments made in committee of the whole shall be reported by the chair.

(2) The report of a bill from committee of the whole shall be received and the motion for concurrence shall be disposed of without debate or amendment.

75 When a bill is reported it is ordered to be read the third time at a time appointed by the Assembly.

Money Message

76(1) The Assembly may not adopt or pass any vote, resolution, address or bill for the appropriation of a tax or of public revenue except for a purpose recommended to the Assembly by the Commission in the session in which the vote, resolution, address or bill is proposed.

(2) Rule 76(1) relates only to appropriations and does not refer to the imposition of taxes. The only condition imposed on a taxation measure is that it be introduced by a Minister.

Private Members' Bills

77 A Member who is not a Minister may introduce a private Member's public or private bill which does not involve the expenditure of public funds or the imposition of any tax. Rules 62 to 76 inclusive, where relevant, apply to private Members' bills.

Committee Of The Whole

78(1) The rules and procedures of the Legislative Assembly shall be observed in committee of the whole so far as they are applicable, except the rules which relate to seconding motions and which limit the number of times a Member may speak.

(2) Speeches in committee of the whole must be strictly relevant to the item or clause under consideration.

(3) The chair shall maintain order in committee of the whole and shall decide all questions of order subject to an appeal to the Speaker.

(4) Disorder in committee of the whole may be censured only by the Assembly, on receiving a report from the committee.

79(1) No Member shall speak for more than ten minutes at any one time in committee of the whole.

(2) Subject to the discretion of the chair a Member may speak more than once to a matter under discussion but not until every Member wishing to speak has spoken.

80 The requirements for seconding motions shall not apply in committee of the whole.

81 The chair of a standing or special committee which considered a matter shall not chair the committee of the whole when that matter is under discussion.

82 The chair of committee of the whole shall not vote except to cast the deciding vote in the case of a tie.

83(1) The committee of the whole shall report to the Assembly on progress regarding bills and other matters under consideration.

(2) The report of progress from committee of the whole shall be received and the motion for concurrence shall be disposed of without debate or amendment.

84(1) A motion that the chair of committee of the whole leave the chair shall always be in order, shall take precedence over any other motion and shall not be debatable.

(2) If a motion referred to in rule 85(1) is rejected, it cannot be renewed unless some intermediate proceeding has taken place.

Standing And Special Committees

85 At the commencement of the First Session of each Legislature the Assembly shall appoint a Striking Committee of four Members to report and recommend with all convenient speed Members to comprise the following standing committees of the Assembly:

on Agencies, Boards and Commissions

on Finance

on Legislation

on Public Accounts

on Rules, Procedures and Privileges

and any other standing and special committees directed by the Assembly.

86 At the commencement of the First Session of each Legislature the Assembly shall appoint a Management and Services Board in accordance with section 35(1) of the Legislative Assembly and Executive Council Act.

87(1) A committee established pursuant to rule 86 shall consist of not more than seven Members.

(2) Each standing committee shall also have three alternates, each of whom may be called upon by the chair to take the place of an absent committee Member. When participating in committee business, the alternate shall be entitled to vote on any matter.

88(1) At any time, the Assembly may appoint a special committee for any purpose or to consider any matter referred to it by the Assembly.

(2) A special committee established pursuant to rule 88(1) shall consist of not more than five Members unless otherwise ordered by the Assembly.

89 The Clerk shall distribute to every Member a list of the Members comprising the committees and the Management and Services Board.

90(1) The Member first named in the motion establishing the membership of any committee shall call the first meeting of the committee.

(2) At the first meeting, the committee shall appoint a chair and deputy chair, or co-chairs, who shall act during the life of the committee.

(3) The quorum of a committee shall be specified in the committee's terms of reference.

(4) Notices of all committee meetings shall be posted in the Legislative Assembly office and circulated to all Members.

91(1) A Member of a standing or special committee who is absent from committee meetings without cause may be removed from the membership of the committee by a motion adopted by the Assembly.

(2) In the case of a vacancy in the membership of a standing or special committee, the Striking Committee provided for by rule 85 shall propose a successor to the Assembly.

92(1) A Member who is not a Member of a committee may attend committee meetings and may address the committee after its Members have spoken, according to any limits imposed by the chair.

(2) Only Members of a committee shall vote on any question to be decided by the committee.

93(1) Every report of a standing or special committee shall be in writing, signed by the chair and shall be presented by the chair or a committee Member under the appropriate item in the daily routine of the Assembly.

(2) The Member presenting the report shall move that the report be received by the Assembly.

(3) A report from a standing or special committee may be

(a) adopted by the Assembly;

(b) referred to committee of the whole; or

(c) referred back to the committee which presented it.

(4) A report from a standing or special committee shall not be taken into consideration in committee of the whole until two sitting days have passed from the presentation of the report.

(5) Within 120 days of the presentation of a report under rule 93(1) and (2), the Executive Council shall, upon the request of the committee, table a comprehensive response.

94(1) Standing and special committees have the power to call for persons and documents and to examine witnesses.

(2) All standing and special committees shall set their terms of reference which must be approved by the Assembly.

(3) Standing and special committees may meet during the session, when the Assembly is not in session, between sessions or during a prorogation of a session.

Committee Documents

95(1) All documents which come into the possession of a committee or which come into existence in the course of the conduct of committee business belong to that committee before it reports to the Assembly and belong to the Assembly after the committee reports to the Assembly, subject to any direction of the Speaker acting on an order of the Assembly.

(2) Notwithstanding rule 95(1), where a committee does not report to the Assembly before dissolution of the Legislature, all committee documents belong to the Assembly upon its dissolution subject to:

(a) any direction of the committee as to their disposal;

(b) any direction by order of the Assembly as to their disposal; or

(c) in the absence of any other direction, the direction of the Speaker.

Witnesses

96(1) No witness shall be summoned to attend before a committee of the Assembly unless a committee Member has filed a certificate with the chair stating that the evidence to be obtained from the witness is in the Member's opinion material and important.

(2) The Clerk, with the approval of the Speaker, may authorize payment to witnesses summoned by a committee of a reasonable daily amount during their travel and attendance plus a reasonable amount for travelling expenses.

(3) The claim of a witness for payment shall state the number of days during which the witness was in attendance before the committee, the duration of necessary travel and the amount of travel expenses. The chair and the clerk of the committee shall certify the claim and statement before payment.

97(1) Notwithstanding rule 72(3), no witness shall appear before committee of the whole unless with the

committee's unanimous consent, or through the adoption of a motion of approval by the Assembly.

(2) No witness shall appear before committee of the whole when an expenditure of Legislative Assembly funds is required unless a motion of approval has been adopted by the Assembly.

(3) Each question directed to a witness and each reply shall be made through the chair. The chair shall rule out of order any question which:

(a) is of a nature that would tend to intimidate or embarrass the witness; or

(b) constitutes a personal allegation against the witness.

(4) No motions shall be proposed in committee of the whole in the presence of witnesses except when bills or the operations and maintenance or capital estimates are being considered.

98 Witnesses may be involved to appear before any standing or special committee at the discretion of the chair.

Officers Of The Assembly

99(1) The officers of the Assembly are:

(a) the Clerk;

(b) the Clerk Assistant;

(c) the Clerk of Committees;

(d) the Law Clerk; and

(e) the Sergeant-at-Arms.

(2) The Clerk of the Assembly is responsible for the safekeeping of all Assembly documents, and has direction and control over all officers, Clerks, and other employees subject to the orders of the Speaker or the Assembly.

(3) On each sitting day before the meeting of the Assembly, the Clerk shall distribute the order paper for the day to each Member and to the Speaker.

(4) The Clerk shall employ such staff as are necessary to conduct the business of the Assembly with the approval of the Speaker.

(5) The Clerk shall set the hours of attendance of the officers and staff of the Assembly.

(6) The Clerk shall ensure that copies of Hansard are distributed only as directed by the Assembly and that Hansard is printed clearly in final form and distributed within five days of the day of the record.

(7) The Clerk shall assign a Committee Clerk to each standing and special committee of the Assembly.

100 (1) In the absence of the Clerk, the Clerk Assistant shall perform the duties of the Clerk.

101 The Law Clerk shall:

(a) advise the Assembly in regard to legislation placed before it;

(b) ensure that all amendments made to bills in committee are incorporated before third reading;

(c) ensure that all amendments made to bills in a standing or special committee are incorporated before consideration in committee of the whole;

(d) review within 15 days from the close of each session, all legislation enacted prior to its distribution; and

(e) advise the chair of any committee, upon request, whether any provision in private bills are in variance with general acts.

102 (1) The Sergeant-at-Arms is responsible for the safekeeping of the mace, the security of the precincts of the Assembly and for supervision of the pages.

(2) The Sergeant-at-Arms shall preserve order in the Chamber and in the galleries subject to the orders of the Speaker.

Hansard

103 (1) A printed transcript of the deliberations and proceedings of the Assembly and the committee of the whole known as the "Hansard," shall be compiled, edited, printed and distributed under the authority of the Speaker.

(2) The unedited transcript shall be produced daily and one copy distributed to each Member.

(3) Every Member has until 10:00 am of the sitting day following receipt of the transcript to correct it as to grammar, obvious errors in transcription and other mistakes in form in accordance with rule 103(4). Corrections may not affect the substance of the transcript.

(4) The Clerk shall provide for the editing of the transcript in accordance with the following:

(a) revisions shall be limited to correcting grammar, spelling and punctuation, ensuring that the correct parliamentary forms are observed, and minimizing repetition and redundancies;

(b) revisions shall not include material alterations or amendments which would in any way tend to change the sense of what has been spoken;

(c) the transcript shall remain an accurate and, as far as possible, an exact report of what was said;

(d) a Member has no right to alter the report of any

speech or remarks attributed to him or her in any way, and the Speaker shall determine whether or not a Member's suggested correction shall be admitted;

(e) unless a Member can demonstrate to the satisfaction of the Speaker that he or she has been misreported, a Member may not change the sense of anything that he or she has been recorded as having said. A Member is not permitted to make any insertion as an afterthought nor to strike out a passage which he or she regrets having spoken.

Conclusion

Committee Motion 122-12(3): To Adopt Recommendation 6 March 24th, 1993

Thank you, Mr. Chairman, and colleagues. On behalf of the Management and Services Board I am pleased to present the operations and maintenance estimates for the Legislative Assembly. The estimates before you have been prepared with two important objectives in mind. The Management and Services Board wants to give the best possible service to Members and to the public and wants to be as effective and efficient as possible in the utilization of public funds.

The Assembly faces operational challenges in the coming year with the move into our new home. The current budget which we have been operating under is a "hold the line" budget. It does not include any costs related to the new building. Mr. Chairman, the estimates before you reflect four months of operations in this facility and eight months in the new building. A review was undertaken of the organizational structure and the operational requirements to determine what would be needed to run the new building. I am sure that the services which will be available to elected Members in the new building will greatly assist us in our work.

The estimates contain an increase of 8.5 person years spread through nearly all of our tasks. There is actually, Mr. Chairman, a ten person year increase but the funding for these positions is staggered throughout the fiscal year. Mr. Chairman, the additional person years will enhance the services to Members. There will be an additional person year in research and the upgrading of the research assistant position to research officer. There will be an enhancement in the library services which will benefit Members, staff and the general public. There will be an additional Members' secretary added to the staff, bringing that up to two full-time positions.

Some of the costs associated with the operation of the new building have been offset by reductions due to costs associated with running the Assembly out of our present facility. I would like to recognize the work of the Members of the Management and Services Board to address matters brought to the board by all Members. Mr. Chairman, this concludes my opening remarks. I would be pleased to answer any questions your committee has.

Item 1: Prayer March 16th, 1993

Good afternoon.

Speaker's Ruling

Before proceeding to Ministers' statements, I would like to take this opportunity to deliver my ruling on the points of order raised by Mr. Gargan and Mrs. Marie-Jewell.

Both points of order centred around responses that were given by the Honourable Stephen Kakfwi in his capacity as Minister of Justice. Mrs. Marie-Jewell asked, "I would like to ask the Minister if he would review his corrections division to give assurance to the public, in this particular case, that justice is seen to be done by the people of the Northwest Territories." Mr. Kakfwi responded on page 2543 of unedited Hansard for March 15, 1993 that "My view is that there are two Members of this Legislature who have taken a particular interest in this inmate. I understand that there is a perception on their part that there is not enough punishment for the offence which was committed. I do not see it as a great public concern judging from the lack of interest in other quarters." Mr. Kakfwi subsequently stated on page 2544 in reply to a supplementary question by Mrs. Marie-Jewell that, "There seems to be a fundamental difference of opinion, since I do not see anyone calling for a public inquiry asking for this gross injustice to be dealt with. I do not see anyone asking for some specific focus to be dealt with. I do not agree with the Member that she is the sole spokesperson for what the public thinks should be done in any case." Mr. Gargan took exception to these remarks as imputing hidden motives to his prior questioning on this issue. Similarly, Mrs. Marie-Jewell took exception to these remarks on the basis that the Minister appeared to implicitly suggest that she was not representing the concerns of her constituents.

I have reviewed the rules of this Legislature, our customs and precedents, and Beauchesne's Parliamentary Rules and Forms, 6th edition, in considering this issue. As both points of order were raised on the same issue, I will deal with both points of order in my ruling today.

I can find no expressed authority which would substantiate that either Member has raised a valid point of order. The Minister of Justice did not explicitly state that either Member had improper motives when questioning the Minister on this matter. Therefore, I rule that neither Mr. Gargan nor Mrs. Marie-Jewell have a point of order.

However, in reviewing unedited Hansard, I noted that the Minister, in responding to the Member's questions, made a series of statements that could be construed to be his personal value judgments. The status and authority of the position of Minister carries with it an extra burden of responsibility. A Minister's response to questions should be factual and be confined to stating matters of government policy. It is understood that when Ministers are answering questions, the opinions that they state are those of the government and not their personal opinions. Statements made by a Minister, that could be taken as personal opinions, may be viewed as provocative and may escalate the acrimony of a debate.

Finally, all Members of this House are representatives of their constituents. As representatives, we must assume in this House that they speak for, and on behalf of, their constituents at all times. Questions, whether asked by one or by many Members, should be responded to with equal respect. I urge all Members to be respectful of the legitimate views expressed by other Members in this House. Thank you.

Item 2, Ministers' statements. Mr. Todd.

Item 1: Prayer February 28th, 1993

Good afternoon. Prior to Item 2, Ministers' statements, I wish to make a brief ruling.

Speaker's Ruling

On Friday, February 26, 1993, the Member for Thebacha submitted two written questions. Written Question 22-12(3) seeks information from the Minister of Health on the number of patient visits to each of the physicians on contract with the Fort Smith health centre from 1989 to 1993. Written Question 23-12(3) seeks a summary of travel of all board members of the Fort Smith health centre during the period 1988 to the dissolution of the board. I have reviewed the written questions and the terms of reference of the public inquiry into the Fort Smith health centre, which was tabled on September 30, 1992, and is Tabled Document 106-12(2), and rule that both questions contravene rule 35(g)(ii) of our rules, which prohibit debate on any matter that is before any quasi-judicial, administrative or investigative body constituted by the Assembly or under the authority of an act of the Assembly where any person or persons may be prejudice in such matter by the reference. In addition, the public inquiry was established as a result of adopted Motion 30-12(2) of this Assembly. On reviewing the terms of reference, it is clear the public inquiry established under the Public Inquiries Act is to review the provision and quality of medical services at the Fort Smith health centre. It is also mandated to review the role and responsibility of board members with the public. The inquiry is also mandated to review the events leading to the resignation of the board. In addition, the inquiry is to conduct a comprehensive review of various features of the administration of the Fort Smith health centre over the last five years and the relationship between the facility and the community it serves.

Accordingly, Mrs. Marie-Jewell's questions are directly relevant to the matters the inquiry is to review and report on and are, therefore, a contravention of our rules and the sub judice convention. The fact that these issues were raised by written questions and not in oral questions or in debate is not relevant, as the same rules that apply to oral questions apply to written questions.

I would like to quote citation 427 from Beauchesne's, 6th edition, "The Speaker, in common with the duties of supervision over the proceedings of the House, may rule out of order any question which violates the rules or practice of parliament in the same way as irregularities in motions and amendments are dealt with." It is the chair's responsibility to ensure that the rules are enforced. The chair believes that wide latitude should be given Members in asking questions. However, when questions, either oral or written, are obviously an infraction of a specific rule, and since the rules are the rules of the Legislative Assembly, I will enforce the rules. Then, accordingly, I rule Written Questions 22-12(3) and 23-12(3) out of order.

Item 2, Ministers' statements. Mr. Allooloo.

Item 1: Prayer February 24th, 1993

Good afternoon. Before I proceed with the orders of the day, I would like to provide the House with my ruling on the point of order raised by the Member for Thebacha, Mrs. Marie-Jewell, on February 22, 1993.

Speaker's Ruling

I have taken some time to provide my ruling on this matter as I feel it is important that this ruling, as with all rulings, are well reviewed as they become precedent on which future rulings are based. Often times rulings are more complex than they originally appear.

I would like to advise the House that the Speaker's responsibility in ruling on a point of order is to base his decision on the facts as presented in the House and recorded in Hansard. The chair should not take into account any influences that may or may not take place inside or outside the House except when hearing debate on a point of order.

I feel it is important that I lay out the events that led up to the point of order. Upon my review, the matter was initiated with the Member for Thebacha's Member's statement on Friday, February 19, 1993, and recorded on pages 1430 to 1432 of the unedited Hansard. The Member's statement was regarding the Housing Corporation Minister's handling of a complaint. As the events unfolded before the House on Monday, February 22, 1993, the Minister responsible for the Northwest Territories Housing Corporation, the Honourable Don Morin, under the item Minister's statements, made a statement in response to the Member for Thebacha's Member's statement. These comments are recorded on pages 1491 to 1492 of the unedited Hansard. I will make comments on the content of these speeches in due course.

On the same day, the Member for Thebacha, Mrs. Marie-Jewell, under the item Member's statements, made a statement on the Minister's statement regarding his handling of the complaint. This is recorded on pages 1495 to 1497 of the unedited Hansard. Later the same day, the Member for Thebacha, during oral questions, raised a point of order which is recorded on page 1507 of the unedited Hansard. The point of order raised by Mrs. Marie-Jewell was that the Member for Tu Nedhe had called her irresponsible. The Member for Tu Nedhe, Mr. Morin, also raised a point of order that the Member for Thebacha had called him ignorant. Mr. Morin's point of order was resolved, as the Member for Thebacha apologized for using the word "ignorant."

To the point of order raised by Mrs. Marie-Jewell on the use of the word "irresponsible" being unparliamentary, I would like to put it into context and indicate how the word was used by Mr. Morin. I quote from page 1492 of the unedited Hansard, "I welcome constructive criticism from Members of the House, but I will not allow myself to be abused in an irresponsible manner by a Member who, on one hand, expects to be dealt with in a courteous and professional manner but, on the other hand, is not willing to act that way herself." There are a number of parliamentary authorities that I reviewed on this matter. Comments made by both Mr. Morin and Mrs. Marie-Jewell certainly provoked the exchange that occurred. I would like to provide the House with some of the citations that I took into consideration in preparing this ruling.

From Beauchesne's Parliamentary Rules and Forms, 6th edition, "Citation 481 - It has been sanctioned by usage that a Member, while speaking, must not: impute bad motives or motives different from those acknowledged by a Member; make a personal charge against a Member."

Under the matter of referring to Members in debate, I quote Beauchesne's 484(3), "In the House of Commons a Member will not be permitted by the Speaker to indulge in any reflections on the House itself as a political institution; or to impute to any Member or Members unworthy motives for their actions in a particular case; or to use any profane or indecent language; or to question the acknowledged and undoubted powers of the House in a matter of privilege; or to reflect upon, argue against or in any manner call in question the past acts and proceedings of the House, or to speak in abusive and disrespectful terms of an act of parliament."

I feel these citations could be applied to the matter before us. To put the matter in context, I would like to quote from Mrs. Marie-Jewell's Member's statement contained on pages 1430 to 1432 of the unedited Hansard, and I quote, firstly, "I had faith that the Minister would take the issue seriously and would take responsibility to find an appropriate resolution;" secondly, "I am so disappointed and concerned with the cavalier manner in which he dealt with my constituent's concern;" and thirdly, "I believed that he would take a professional approach and attempt to resolve the matter, however, he did not." I would like to quote the comments of Mr. Morin as contained in his Minister's statement, "She claims that I am not taking my job seriously, I am cavalier, unprofessional, forgetful, unhelpful, lazy, irresponsible and unconscientious."

I find that the comment of Mrs. Marie-Jewell provoked Mr. Morin's Minister's statement and his interpretation of the comments made by Mrs. Marie-Jewell. On the use of unparliamentary language, I would like to offer citation 486(1) of Beauchesne's 6th edition, which is also relevant to the matter under consideration, "It is impossible to lay down specific rules in regard to injurious reflections uttered in debate against particular Members, or to declare before hand what expressions are or are not contrary to order; much depends upon the tone and manner, and intention, of the person speaking; sometimes upon the person to whom the words are addressed, as, whether the person is a public officer, or a private Member not in office, or whether the words are meant to be applied to public conduct or to private character; and sometimes upon the degree of provocation, which the Member speaking had received from the person alluded to; and all these considerations must be attended to at the moment, as they are infinitely various and cannot possibly be foreseen in such a manner that precise rules can be adopted with respect to them."

In making my ruling, I was guided also by the following citation 494, from Beauchesne's, which is an important principle, "It has been formally ruled by Speakers that statements by Members respecting themselves and particularly within their own knowledge must be accepted. It is not unparliamentary temperately to criticize statements made by Members as being contrary to the facts; but no imputation of intentional falsehood is permissible. On rare occasions this may result in the House having to accept two contradictory accounts of the same incident."

Prior to providing my ruling, I would like to convey to the House that it is the right and responsibility of ordinary Members to question the actions of Ministers as they carry out the responsibilities they have been charged with. Mrs. Marie-Jewell was exercising her rights as a Member by making her Member's statement. The Minister, Mr. Morin, was well within his rights to defend his actions in undertaking the most fundamental aspect of government policy, that is how government Ministers respond to the requests of MLAs. However, both Members must use language appropriate to this House when doing so. As indicated earlier, it is impossible to lay down any specific rules in regard to injurious reflections uttered in debate against particular Members or to declare before hand what expressions are or are not contrary to order.

Much depends on the tone and manner and, more importantly, the intention of the person speaking and, sometimes, upon the person to whom the words are addressed. I feel that Members' responses are sometimes influenced by the degree of perceived provocation in other Members' comments. It is not unparliamentary to criticize statements made by Members as being contrary to the facts, but no imputation of intentional falsehoods are permissible. As outlined in citation 494, "on rare occasions, this may result in the House having to accept two contradictory accounts of the same incident." I feel that this may be the case in the exchanges between Mrs. Marie-Jewell and Mr. Morin. I would caution Members that the process both Members used were within parliamentary procedure, but the tone and words used by both Members caused the matter to escalate to a point unacceptable to this House.

To the point of order on the use of the word "irresponsible" by the Minister, Mr. Morin. Even though the Minister did not directly refer to the Member as irresponsible, he referred to the "irresponsible manner" of the Member. The words "irresponsible Member" were ruled unparliamentary on May 8, 1969 in the House of Commons. Taking into consideration the authorities I have reviewed, I rule that the use of the word "irresponsible" by Mr. Morin in this incident is unparliamentary and will request the honourable Member to withdraw that word. Mrs. Marie-Jewell has apologized for her use of an unparliamentary word. Mrs. Marie-Jewell has apologized to the Speaker and, at the appropriate time today, I will table the letter to the Speaker from Mrs. Marie-Jewell. I feel it would be appropriate if the Minister also apologized.

I would hope that all Members will take my words to heart and conduct themselves in a constructive manner that is in the best interests of the people of the Northwest Territories. With this ruling, this matter is now closed. The House can return to its business and the chair will not entertain further comments on this matter. Mr. Morin.