1 Ath Legislative Assembly of the Northwest Territories Standing Committee on Rules and Procedures
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Committee Report 7-18(2) February 28, 2017 1ath Legislative Assembly of the Northwest Territories Standing Committee on Rules and Procedures You Are Standing for Your People: Report on the Review of Members' Conduct Guidelines Chair: Mr. Kevin O'Reilly MEMBERS OF THE STANDING COMMITTEE ON RULES AND PROCEDURES Kevin O'Reilly MLA Frame Lake Chair · Julie Green MLA Yellowknife Centre Deputy Chair Tom Beaulieu Hon. Louis Sebert Shane Thompson MLA Tu Nedhe-Wiilideh MLA Thebacha MLA Nahendeh Hon. Glen Abernethy Michael Nadli Kieron T estart MLA Great Slave MLA Deh Cho MLA Kam Lake (alternate) (alternate) (alternate) COMMITTEE STAFF Cayley Thomas Committee Clerk Lee Selleck Committee Advisor 0 Northwest Legislative Assembly Territories Sta nding Commitee on Rules and Procedures Territoires du Assemb lee legislative Nord-Quest Comite permanent des regles et des p rocedures February 28, 2017 SPEAKER OF THE LEGISLATIVE ASSEMBLY Mr. Speaker: Your Standing Committee on Rules and Procedures is pleased to provide its Report on the Review of Members' Conduct Guidelines, entitled You Are Standing for Your People, and commends it to the House. ~ Kevin O'Reilly Chair P.O. Box 1320, Yellowknife, Northwest Territories Xl A 2L9 • Toll Free: 1-800-661 -0784 • Tel : 867-767-9130 • Fax: 867-873-0432 C. P. 1320. Yellowknife, Territoires d u Nord-Quest XlA 2L9 • Sans frais: 1-800-661-0784 • Tel.: 867-767-9130 • Telecopieur: 867-873-0432 www.assembly.gov.nt .ca D11111111at K'au'.w"aaJhal \J...111> Ci\\ 1111iJ... l\its'<10(m 1u'it l'ago~11, h'11 /ha11 <1111kh't•11 • D,t t.:ghalakc} 11Ja gha Xod'l I lchs!kc • I ahs11 Mcghaadc Nazh.r1cu 1~·~ K'aog.:dd1kc • Naa 110 \t ..'c <iha .i I ... cis'chdi K\.: lkhk11.: Dop • ~ipa111sla111. 'kc\\ak \\ 11,1si11o'.:\1,ik ochi O);ts1\1c11'ina mcna I.1111,t ka tn1.1'm1hk • ?.:1ch1!'1s Ikghan! ?~gh~lada l11d.1 <1h.1 K'aldc D.:hth'i • Katm'.I) ig.11.iat i\laliu.n1gut 1'114uhiugull11 • \ 1alurutiks.11nun lksila) 111 • bll. i> c <l .D You Are Standing for Your People: Report on the Review of Members' Conduct Guidelines February 28, 2017 STANDING COMMITTEE ON RULES AND PROCEDURES YOU ARE STANDING FOR YOUR PEOPLE: REPORT ON THE REVIEW OF MEMBERS' CONDUCT GUIDELINES TABLE OF CONTENTS Introduction ................................................................................................................. 1 Eligibility for Office in the Northwest Territories Legislative Assembly ................. 3 Recommendation 1 ....................................................................................... .4 Recommendation 2 ........................................................................................ 7 Oath of Office ....................................................................................................... 8 Recommendation 3 ........................................................................................ 9 Members' Conduct Guidelines ........................................................................... 10 Recommendation 4 ...................................................................................... 11 Recommendation 5 ...................................................................................... 12 Fostering a Culture of Ethical Conduct .............................................................. 12 Other Matters Raised by the Public ................................................................... 13 Conflict of Interest ........................................................................................ 13 Recommendation 6 .................................................................................. 14 Recall Legislation ......................................................................................... 14 Members' Residency .................................................................................... 14 Lobbyist Registry .......................................................................................... 15 Conclusion ................................................................................................................ 15 Appendix A Page i of i You Are Standing for Your People: Report on the Review of Members' Conduct Guidelines February 28, 2017 STANDING COMMITTEE ON RULES AND PROCEDURES YOU ARE STANDING FOR YOUR PEOPLE: REPORT ON THE REVIEW OF MEMBERS' CONDUCT GUIDELINES INTRODUCTION It is a priority of the 13th Legislative Assembly to promote and ensure, to the greatest extent possible, a high standard of personal and public conduct for current and future Members. To that end, Motion 6-13(1) was passed on December 17, 2015: WHEREAS the Members of the 13th Legislative Assembly are mindful that it is an honour and a privilege to serve the people of the Northwest Territories as legislators; AND WHEREAS the trust and confidence the people have placed in conferring this office upon us demands the highest standard of conduct, integrity and honour; AND WHEREAS Members are resolved to do our utmost to hear the voices of all our people; preserve our traditions and bridge them with new ways to build our future; provide legislation, policies and services for the good of the people as individuals, families and communities; promote the equality of all · our people; distribute resources fairly and justly; and respect and honour our land and all its inhabitants; AND WHEREAS Members recognize that we owe to this legislature respect as well as dedication to ensuring the integrity of our government and to earning the confidence of the people; AND WHEREAS Members recognize that we owe to our constituents our best efforts at effective representation as well as accountability, honesty, fairness and courtesy; AND WHEREAS Members recognize that we owe to the public a responsibility to work for the well-being of all residents of the Northwest Territories; AND WHEREAS Members recognize that we owe to our colleagues fairness and respect for differences, and the duty to work together with goodwill for the common good; Standing Committee on Rules and Procedures Page 1 of 15 You Are Standing for Your People: Report on the Review of Members' Conduct Guidelines February 28, 2017 AND WHEREAS, Members are resolved not to act, nor condone others to act, in ways which are dishonest or which exploit, slander or discriminate against others; AND WHEREAS Members acknowledge a vision and a responsibility to improve the lives of our people and to act in creative ways to overcome the hardships which destroy life and hope and the human frailties which fall upon us; AND WHEREAS Members are resolved to respect and abide by the laws of Canada and the Northwest Territories and will not act in ways which will violate these laws; AND WHEREAS paragraph 75(a) of the Legislative Assembly and Executive Council Act provides that each Member shall perform his or her duties of office and arrange his or her private affairs in such a manner as to maintain public confidence and trust in the integrity, objectivity and impartiality of the Member; AND WHEREAS past Assemblies have seen fit to adopt principles to guide Members' conduct; NOW THEREFORE I MOVE, seconded by the honourable Member for Nahendeh, that this 18th Legislative Assembly formally adopts the Members' Conduct Guidelines as appended and which forms part of this resolution; AND FURTHER, that each Member of the Legislative Assembly shall sign a copy of the Members' Conduct Guidelines before the Clerk of the Legislative Assembly, who shall make all signed copies available to the public through the Legislative Library and by posting signed copies on the Assembly website; AND FURTHERMORE, that this Assembly refer the Members' Conduct Guidelines to the Standing Committee on Rules and Procedures for a comprehensive and public ·review, including a thorough examination of conduct guidelines from other jurisdictions, both parliamentary and non parliamentary organizations, all relevant legislation, and the Rules of the Legislative Assembly of the Northwest Territories, and that the Standing Committee report back to this Assembly during the fall sitting of 2016. The Committee notes that the referral motion directs a review of Members' Conduct Guidelines as part of a broader framework governing Members' behaviour. The purpose of this report is to recommend ways to strengthen that matrix, and through it, public confidence in the Legislative Assembly. The Committee held public hearings in Standing Committee on Rules and Procedures Page 2of15 You Are Standing for Your People: Report on the Review of Members' Conduct Guidelines February 28, 2017 51 Jnuvik on November 29, 2016; Hay River on December 1 ; and Yellowknife on 1 December 6 h, preceded by an interim report presented on October 25, 2016. The Committee also solicited written submissions. Eight were received and posted on the Committee's webpage. The Committee heard repeatedly that Members of the Legislative Assembly must set and live up to the highest standards of conduct, and be accountable and available to their constituents. Members' conduct and eligibility for office are regulated by a matrix of Jaws and the Rules of the Legislative Assembly. These include Canada's Charter of Rights and Freedoms and the Northwest Territories Elections and Plebiscites Act, as well as the Legislative Assembly and Executive Council Act, the Assembly's Oath of Office, Members' Conduct Guidelines, Rules of the Legislative Assembly, standards set by the Assembly's Board of Management, and authorities established through parliamentary privilege. While this sounds complicated, the various rules