Law:Parliament of Canada Act

From Law Delta

Revision as of 04:41, 26 September 2011 by Admin (Talk | contribs)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search


S.c. , c.

An Act respecting the Parliament of Canada (Pre 2001, c. 20; Note: 2001, c. 20, s. 13 has been added.)


Contents

Short Title

Short title

1. This Act may be cited as the Parliament of Canada Act.


Part I. Senate And House Of Commons

Parliament Continued

Demise of the Crown

2. Parliament shall not determine or be dissolved by the demise of the Crown and, notwithstanding the demise, shall continue, and may meet, convene and sit, proceed and act, in the same manner as if that demise had not happened.

R.S., c. S-8, s. 2.

Prerogative saved

3. Nothing in section 2 alters or abridges the power of the Crown to prorogue or dissolve Parliament.

R.S., c. S-8, s. 3.


Privileges, Immunities and Powers

Definition

Parliamentary privileges, immunities and powers

4. The Senate and the House of Commons, respectively, and the members thereof hold, enjoy and exercise

(a) such and the like privileges, immunities and powers as, at the time of the passing of the Constitution Act, 1867, were held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom and by the members thereof, in so far as is consistent with that Act; and

(b) such privileges, immunities and powers as are defined by Act of the Parliament of Canada, not exceeding those, at the time of the passing of the Act, held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom and by the members thereof.

R.S., c. S-8, s. 4.

Judicial notice

5. The privileges, immunities and powers held, enjoyed and exercised in accordance with section 4 are part of the general and public law of Canada and it is not necessary to plead them but they shall, in all courts in Canada, and by and before all judges, be taken notice of judicially.

R.S., c. S-8, s. 5.

Printed copy of journals

6. On any inquiry concerning the privileges, immunities and powers of the Senate and the House of Commons or of any member of either House, any copy of the journals of either House, printed or purported to be printed by order thereof, shall be admitted as evidence of the journals by all courts, justices and others, without proof that the copy was printed by order of either House.

R.S., c. S-8, s. 6.


Publication of Proceedings

Proceedings based on published report

7. (1) Where any person is a defendant in any civil or criminal proceedings that are commenced or prosecuted in a court in any manner for, on account of or in respect of the publication of any report, paper, votes or proceedings, by that person or the servant of that person, by or under the authority of the Senate or the House of Commons, that person may bring before the court or any judge thereof, after twenty-four hours notice of intention to do so given in accordance with subsection (2), a certificate

(a) given under the hand of the Speaker or the Clerk of the Senate or the House of Commons, and

(b) stating that the report, paper, votes or proceedings were published by that person or servant, by order or under the authority of the Senate or the House of Commons,

together with an affidavit verifying the certificate.

Notice of intention

(2) The notice of intention referred to in subsection (1) shall be given to the plaintiff or prosecutor in the civil or criminal proceedings or to the attorney or solicitor of the plaintiff or prosecutor.

Stay of proceedings

(3) On the bringing of a certificate before a court or judge in accordance with subsection (1), the court or judge shall immediately stay the civil or criminal proceedings, and those proceedings and every writ or process issued therein shall be deemed to be finally determined and superseded by virtue of this Act.

R.S., c. S-8, s. 7.

Proof of correctness of copy

8. (1) Where any civil or criminal proceedings are commenced or prosecuted in a court for, on account of or in respect of the publication of any copy of a report, paper, votes or proceedings referred to in subsection 7(1), the defendant, at any stage of the proceedings, may bring before the court, or any judge thereof, the report, paper, votes or proceedings and the copy, together with an affidavit verifying the report, paper, votes or proceedings and the correctness of the copy.

Stay of proceedings

(2) On the bringing before a court or any judge thereof of any report, paper, votes or proceedings and a copy thereof with affidavit in accordance with subsection (1), the court or judge shall immediately stay the civil or criminal proceedings, and those proceedings and every writ or process issued therein shall be deemed to be finally determined and superseded by virtue of this Act.

R.S., c. S-8, s. 8.

Proof in action for printing extract or abstract

9. In any civil or criminal proceedings commenced or prosecuted for printing an extract from or abstract of any report, paper, votes or proceedings referred to in subsection 7(1), the report, paper, votes or proceedings may be given in evidence and it may be shown that the extract or abstract was published in good faith and without malice and, if such is the opinion of the jury, a verdict of not guilty shall be entered for the defendant.

R.S., c. S-8, s. 9.


Examination of Witnesses

Examination of witnesses under oath

10. (1) The Senate or the House of Commons may administer an oath to any witness examined at the bar of the Senate or the House.

Examination before committee

(2) The Senate or the House of Commons may order witnesses to be examined on oath before any committee.

Committee may administer oath

(3) Any committee of the Senate or the House of Commons may administer an oath to any witness examined before the committee.

R.S., c. S-8, ss. 25 to 27.

Affirmation

11. (1) Where any witness to be examined under this Part conscientiously objects to take an oath, the witness may make a solemn affirmation and declaration.

Effect of affirmation

(2) Any solemn affirmation and declaration made under subsection (1) has the same force and effect, and entails the same consequences, as an oath taken in the usual form.

R.S., c. S-8, ss. 28, 29.

Perjury

12. Any person examined under this Part who wilfully gives false evidence is liable to such punishment as may be imposed for perjury.

R.S., c. S-8, s. 31.

Administering of oaths and affirmations

13. (1) Any oath or solemn affirmation and declaration under this Part may be administered by

(a) the Speaker of the Senate or the House of Commons;

(b) the chairman of any committee of the Senate or the House of Commons; or

(c) such person or persons as may be appointed for that purpose either by the Speaker of the Senate or by the Speaker of the House of Commons or by standing or other order of the Senate or the House.

Form

(2) Every oath and solemn affirmation and declaration under this Part shall be in the Forms 1 and 2 in the schedule.

R.S., c. S-8, ss. 30, 32.


Part Ii. Senate

Conflict of Interest

Prohibited contractual dealings

14. (1) No person who is a member of the Senate shall, directly or indirectly, knowingly and wilfully be a party to or be concerned in any contract under which the public money of Canada is to be paid.

Penalty for contravention

(2) Any person who contravenes subsection (1) shall forfeit the sum of two hundred dollars for each day during which the contravention continues.

Recovery of penalty

(3) A sum forfeited by any person under subsection (2) is recoverable from that person by any person who sues for it in any court of competent jurisdiction in Canada.

Exceptions

(4) This section does not render any person liable to forfeiture by reason only that the person

(a) is a shareholder in any corporation having a contract or agreement with the Government of Canada, except any company that undertakes a contract for the building of any public work;

(b) is, or has been, a contractor for the loan of money or of securities for the payment of money to the Government of Canada under the authority of Parliament, after public competition; or

(c) is, or has been, a contractor in respect of the purchase or payment of the public stock or debentures of Canada, on terms common to all persons.

R.S., c. S-8, s. 22.

Limitation period

15. Proceedings for the recovery of any forfeiture imposed by section 14 may be instituted at any time within but not later than one year after the time when the forfeiture was incurred.

R.S., c. S-8, s. 24.

Receiving prohibited compensation

16. (1) No member of the Senate shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered to any person, either by the member or another person,

(a) in relation to any bill, proceeding, contract, claim, controversy, charge, accusation, arrest or other matter before the Senate or the House of Commons or a committee of either House; or

(b) for the purpose of influencing or attempting to influence any member of either House.

Offence and punishment

(2) Every member of the Senate who contravenes subsection (1) is guilty of an offence and liable to a fine of not less than one thousand dollars and not more than four thousand dollars.

Offering prohibited compensation

(3) Every person who gives, offers or promises to any member of the Senate any compensation for services described in subsection (1), rendered or to be rendered, is guilty of an indictable offence and liable to imprisonment for a term not exceeding one year and to a fine of not less than five hundred dollars and not more than two thousand dollars.

R.S., c. S-8, s. 23.


Deputy Speaker

Speaker leaving the chair

17. Whenever the Speaker of the Senate, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the Senate on any day, the Speaker may call on any senator to take the chair and preside as Speaker during the remainder of that day unless the Speaker resumes the chair before the close of the sittings for that day.

R.S., c. S-14, s. 2.

Unavoidable absence

18. Whenever the Senate is informed of the unavoidable absence of the Speaker thereof by the Clerk at the table, the Senate may choose any senator to preside as Speaker during such absence and that senator thereupon has and shall execute all the powers, privileges and duties of Speaker until the Speaker resumes the chair or another Speaker is appointed by the Governor General.

R.S., c. S-14, s. 3.

Validity of acts

19. Every act done by any senator acting pursuant to section 17 or 18 has the same effect and validity as if the act had been done by the Speaker.

R.S., c. S-14, s. 4.


Internal Administration

Committee

19.1 (1) In this section and sections 19.2 to 19.9, “Committee” means the Standing Senate Committee on Internal Economy, Budgets and Administration established by the Senate under its rules.

Intersessional authority

(2) During a period of prorogation or dissolution of Parliament and until the members of a successor Committee are appointed by the Senate, the Committee continues to exist for the purposes of this Act and, subject to subsection (3), every member of the Committee, while still a senator, remains a member of the Committee as if there had been no prorogation or dissolution.

Composition of Committee

(3) The Leader of the Government in the Senate, or the nominee of the Leader, and the Leader of the Opposition in the Senate, or the nominee of the Leader, may, in accordance with the rules of the Senate, change the membership of the Committee from time to time, including during periods of prorogation or dissolution.

Senate control

(4) In exercising its functions and powers under this Act, the Committee is subject to the rules, direction and control of the Senate.

Emergencies

(5) Where the Chairman of the Committee deems that there is an emergency, the Committee’s Sub-committee on Agenda and Procedure may exercise any power of the Committee under this Act.

Report of decision

(6) The Chairman of the Committee shall report to the Committee any decision made under subsection (5) at the meeting of the Committee immediately following the decision.

1991, c. 20, s. 1.

Capacity of Committee

19.2 (1) In exercising the powers and carrying out the functions conferred upon it pursuant to this Act, the Committee has the capacity of a natural person and may

(a) enter into contracts, memoranda of understanding or other arrangements in the name of the Senate or in the name of the Committee; and

(b) do all such things as are necessary or incidental to the exercising of its powers or the carrying out of its functions.

Immunity

(2) Where a member of the Committee participates in the exercise of the powers or the carrying out of the functions of the Committee, the member shall not be held personally liable for the actions of the Committee.

1991, c. 20, s. 1.

Function of Committee inter alia

19.3 Subject to subsection 19.1(4), the Committee may act on all financial and administrative matters respecting

(a) the Senate, its premises, its services and its staff; and

(b) the members of the Senate.

1991, c. 20, s. 1.

Main Estimate to be prepared

19.4 Prior to each fiscal year the Committee shall cause to be prepared an estimate of the sums that will be required to be provided by Parliament for the payment of the charges and expenses of the Senate and of the members thereof during the fiscal year.

1991, c. 20, s. 1.


Regulations

Regulations

19.5 (1) The Committee may make regulations

(a) governing the use by senators of funds, goods, services and premises made available to them for the carrying out of their parliamentary functions;

(b) prescribing the terms and conditions of the management of, and accounting for, by senators, of funds referred to in paragraph (a); and

(c) respecting all such things as are necessary or incidental to the exercise of its powers and the carrying out of its functions.

Chairman to table regulations

(2) The Chairman of the Committee shall table before the Senate the regulations made under this section on any of the first thirty days after the making thereof.

Chairman to make regulations available

(3) When the Senate is not sitting, the Chairman of the Committee shall cause the regulations made under this section to be deposited with the Clerk of that House and such regulations shall thereupon be deemed to have been tabled before the Senate.

Coming into force

(4) Subject to subsection (5), regulations made under this section come into force on such day as may be fixed by resolution of the Senate.

Earlier effect

(5) Regulations made and tabled under this section during a period of prorogation or dissolution of Parliament have effect without a resolution of the Senate until the end of the thirtieth sitting day of the session of Parliament immediately following the prorogation or dissolution, unless they are earlier rescinded by the Senate.

Regulations not statutory instruments

(6) Regulations made under this section shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

1991, c. 20, s. 1.


Opinions

Exclusive authority

19.6 (1) The Committee has the exclusive authority to determine whether any previous, current or proposed use by a senator of any funds, goods, services or premises made available to that senator for the carrying out of parliamentary functions is or was proper, given the discharge of the parliamentary functions of senators, including whether any such use is or was proper having regard to the intent and purpose of the regulations made under subsection 19.5(1).

Senator may apply

(2) Any senator may apply to the Committee for an opinion with respect to any use by that senator of any funds, goods, services or premises referred to in subsection (1).

1991, c. 20, s. 1.

Opinion during investigation

19.7 (1) During any investigation by a peace officer in relation to the use by a senator of funds, goods, services or premises referred to in subsection 19.6(1), the peace officer may apply to the Committee for, or the Committee may, on its own initiative, provide the peace officer with, an opinion concerning the propriety of such use.

Opinion to be considered

(2) Where an opinion is provided to a peace officer pursuant to subsection (1) and where an application for a process is made to a judge, the judge shall be provided with the opinion and shall consider it in determining whether to issue the process.

Definition of “process”

(3) For the purposes of this section, “process” means

(a) an authorization to intercept a private communication under section 185,

(b) an order for a special warrant under section 462.32,

(c) an order for a search warrant under section 487,

(d) a restraint order under section 462.33,

(e) the laying of an information under section 504 or 505,

(f) a summons or an arrest warrant under section 507, or

(g) the confirmation of an appearance notice, promise to appear or recognizance under section 508

of the Criminal Code.

Issuance of process by judge

(4) The issuance of a process referred to in paragraphs (3)(c), (e), (f) and (g) that is based on the use by a senator of any funds, goods, services or premises made available to that senator for the carrying out of parliamentary functions shall be authorized by a judge of a provincial court within the meaning of section 2 of the Criminal Code.

1991, c. 20, s. 1.

General opinions

19.8 In addition to issuing opinions under section 19.6, the Committee may issue general opinions regarding the proper use of funds, goods, services and premises within the intent and purpose of the regulations made under subsection 19.5(1).

1991, c. 20, s. 1.

Comments may be included

19.9 (1) The Committee may include in its opinions any comments that the Committee considers relevant.

Publication of opinions

(2) Subject to subsection (3), the Committee may publish, in whole or in part, its opinions for the guidance of senators.

Privacy and notification

(3) Subject to subsection (4), the Committee shall take the necessary measures to assure the privacy of any senator who applies for an opinion and shall notify the senator of its opinion.

Making opinions available

(4) For the purposes of subsection 19.7(1), the Committee may, if it considers it appropriate to do so, make any of its opinions, including opinions issued under section 19.6, available to the peace officer.

1991, c. 20, s. 1.


Financial Administration

Expenditure for service of Senate

20. (1) Credits for all sums voted by Parliament and payable in respect of allowances to members of the Senate as provided in Part IV and in respect of other expenditure for the service of the Senate shall issue from time to time.

Credits on banks of Canada

(2) Credits referred to in subsection (1) shall issue on one of the banks of Canada in favour of the Clerk of the Senate and the assistant accountant of the Senate, or such other persons as the Speaker of the Senate from time to time designates for the purpose.

Clerk to apply for credits

(3) The Clerk of the Senate shall, by an order signed by the Clerk, apply for such credits as the Clerk deems necessary.

R.S., c. S-8, s. 47.


Part Iii. House Of Commons

Division A

Eligibility, Resignation and Vacancies

Simultaneous Candidacies

Nomination for one electoral district only

21. No person shall be nominated and consent to be nominated so as to be a candidate for election as a member of the House of Commons for more than one electoral district at the same time and, if any person is nominated contrary to this section and consents thereto, all the nominations are void.

R.S., c. H-9, s. 14.


Members of Provincial Legislature

Ineligibility of member of provincial legislature

22. (1) No person who, on the day of the nomination at any election to the House of Commons, is a member of the legislature of any province is eligible to be a member of the House of Commons or is capable of being nominated or voted for at that election or of being elected to, or of sitting or voting in, the House of Commons.

Election void

(2) If any person declared ineligible by subsection (1) is elected and returned as a member of the House of Commons, the election of that person is void.

R.S., c. H-9, s. 2.

Member elected to provincial legislature

23. (1) If any member of the House of Commons is elected and returned to the legislature of any province and accepts the seat, that member’s election as a member of the House of Commons thereupon becomes void, the seat of that member is vacated and a writ shall issue forthwith for the election of a member to fill the vacancy.

If elected or appointed without knowledge

(2) A member of the House of Commons elected to the legislature of any province without the member’s knowledge or consent shall continue to hold a seat in the House of Commons, as if no such election had been made, if the member, without taking a seat in that legislature and within ten days after being notified of the election thereto or, in the event of the member’s absence from the province at the time, within ten days after arriving within the province, resigns the seat in that legislature and notifies the Speaker of the House of Commons of the resignation.

R.S., c. H-9, ss. 3, 4.

Penalty for person ineligible sitting or voting

24. (1) Any person who is, by this Division, declared ineligible to be a member of the House of Commons or incapable of sitting or voting therein and who nevertheless sits or votes in the House shall forfeit the sum of two thousand dollars for each day on which the person so sits or votes.

Recovery of penalty

(2) A sum forfeited under subsection (1) may be recovered by any person who sues for it, by action in any form allowed by law in the province in which the action is brought, in any court having jurisdiction.

R.S., c. H-9, s. 5.


Resignation of Members

Resignation in House or by declaration to Speaker

25. (1) Any person holding a seat in the House of Commons may resign the seat

(a) by giving, in that person’s place in the House, notice of intention to resign, in which case the Speaker of the House shall, immediately after entry of that notice by the Clerk of the House on the journals thereof, address a warrant under the hand and seal of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of that person; or

(b) by addressing and causing to be delivered to the Speaker of the House, either during a session of Parliament or in the interval between two sessions thereof, a declaration of intention to resign made in writing under the hand and seal of that person before two witnesses, in which case the Speaker shall, on receiving the declaration, forthwith address a warrant under the hand and seal of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of that person.

Entry in journals

(2) An entry of the declaration delivered under paragraph (1)(b) shall be thereafter made in the journals of the House of Commons.

R.S., c. H-9, s. 6.

Proceedings where Speaker absent

26. (1) If any person holding a seat in the House of Commons wishes to resign the seat in the interval between two sessions of Parliament and if there is then no Speaker of the House, the Speaker is absent from Canada or that person is the Speaker, the person may address and cause to be delivered to any two members of the House a declaration of intention to resign described in section 25.

Warrant for election writ

(2) On receiving the declaration pursuant to subsection (1), the two members shall forthwith address their warrant, under their hands and seals, to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of the person making that declaration.

R.S., c. H-9, s. 7.

Effect of resignation

27. (1) Any person holding a seat in the House of Commons who tenders a resignation of the seat in any manner provided in section 25 or 26 is deemed to have vacated the seat and ceases to be a member of the House.

When member not to resign

(2) A person holding a seat in the House of Commons shall not tender a resignation of the seat while the election of that person as a member of the House is lawfully contested or until after the expiration of the time during which the election may by law be contested on grounds other than corruption or bribery.

R.S., c. H-9, ss. 8, 9.


Vacancies

Vacancy in House of Commons

28. (1) If a vacancy occurs in the House of Commons by reason of the death of a member of the House or the acceptance of an office by a member of the House, or as a result of the contestation of the election of a member of the House under Part 20 of the Canada Elections Act, the Speaker of the House shall, without delay, on being informed of the vacancy by any member of the House in the member’s place or by written notice signed by any two members of the House, or on receipt of the final decision on the contestation of the election, address a warrant of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy.

Proceedings where Speaker absent

(2) If, when a vacancy occurs as described in subsection (1), or at any time thereafter, before the warrant of the Speaker for a writ has issued, there is no Speaker of the House, the Speaker is absent from Canada or the member whose seat is vacated is the Speaker, any two members of the House may address their warrant, under their hands and seals, to the Chief Electoral Officer for the issue of a writ for the election of a member to fill that vacancy.

R.S., 1985, c. P-1, s. 28; 2000, c. 9, s. 561.

Vacancy before Parliament meets after a general election

29. (1) A warrant may issue to the Chief Electoral Officer for the issue of a writ for the election of a member of the House of Commons to fill any vacancy that, after a general election and before the first session of Parliament thereafter, occurs by reason of the death of, or the acceptance of an office by, any member of the House.

Deemed vacancy

(1.1) A warrant may be issued to the Chief Electoral Officer for the issue of a writ for the election of a member of the House of Commons to fill any vacancy that is deemed to occur where a report sent under paragraph 318(a) of the Canada Elections Act is received stating that no candidate was declared elected in the electoral district because of the equality of votes.

Deemed by-election

(1.2) An election held in the circumstances set out in subsection (1.1) is deemed to be a by-election.

When writ may be issued

(2) A writ may be issued

(a) in the case of a writ referred to in subsection (1), at any time after the death or acceptance of office by a member; and

(b) in the case of a writ referred to in subsection (1.1), at any time after the receipt of the report referred to in that subsection.

R.S., 1985, c. P-1, s. 29; 2000, c. 9, s. 562.

Effect of election

30. (1) The election to be held under a writ issued pursuant to section 29 does not in any manner affect the rights of any person entitled to contest the election (in this section referred to as the “previous election”), at the general election referred to in subsection 29(1), of the member by reason of whose death or acceptance of office the vacancy occurs.

(2) and (3) (Repealed, 2000, c. 9, s. 563)

R.S., 1985, c. P-1, s. 30; 2000, c. 9, s. 563.

Issuance of election writ

31. (1) Where a vacancy occurs in the House of Commons, a writ shall be issued between the 11th day and the 180th day after the receipt by the Chief Electoral Officer of the warrant for the issue of a writ for the election of a member of the House.

Exception

(2) This section does not apply where the vacancy in respect of which the warrant has issued occurs within six months of the expiration of the time limited for the duration of the House of Commons.

Dissolution after issue of writ

(3) If Parliament is dissolved after the issue of a writ in accordance with this section, the writ shall thereupon be deemed to have been superseded and withdrawn.

R.S., 1985, c. P-1, s. 31; 1996, c. 35, s. 87.1; 2000, c. 9, s. 564(F).


Division B

Conflict of Interest

Ineligibility

32. (1) Except as specially provided in this Division,

(a) no person accepting or holding any office, commission or employment, permanent or temporary, in the service of the Government of Canada, at the nomination of the Crown or at the nomination of any of the officers of the Government of Canada, to which any salary, fee, wages, allowance, emolument or profit of any kind is attached, and

(b) no sheriff, registrar of deeds, clerk of the peace or county crown attorney in any of the provinces,

is eligible to be a member of the House of Commons or shall sit or vote therein.

Exception

(2) Nothing in subsection (1) renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any person described in paragraph (a) of that subsection, if it is, by the commission or other instrument of appointment of the person, declared or provided that the person shall hold his office, commission or employment without any salary, fee, wages, allowance, emolument or other profit of any kind attached thereto.

R.S., c. S-8, ss. 10, 11.

Persons exempt from ineligibility

33. (1) Nothing in this Division renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any person by reason only that the person

(a) is a member of Her Majesty’s forces who is on active service as a consequence of war;

(b) is a member of the reserve force of the Canadian Forces who is not on full-time service other than active service as a consequence of war; or

(c) accepts the payment out of public moneys of Canada of travel expenses incurred while on the public business of Canada if the trip was authorized by the Governor in Council, whether the authorization was given before or after the trip.

Idem, members of Privy Council

(2) Nothing in this Division renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any member of the Queen’s Privy Council for Canada by reason only that the member

(a) holds an office for which a salary is provided in section 4 or 5 of the Salaries Act and receives that salary, or

(b) is a Minister of State, other than a Minister of State referred to in section 5 of the Salaries Act, or a Minister without Portfolio and receives a salary in respect of that position,

if the member is elected while holding that office or position or is, at the date when nominated by the Crown for that office or position, a member of the House of Commons.

Idem, Parliamentary Secretaries

(3) Notwithstanding anything in this Division, a person is not rendered ineligible to be a member of the House of Commons, or disqualified from sitting or voting therein, by reason only that the person accepts or holds the office of Parliamentary Secretary or receives any payment under section 61 or regulations made pursuant to section 66.

Office of profit

(4) Notwithstanding anything in this Division, the seat of a member of the House of Commons shall not be vacated by reason only of the acceptance by the member of an office of profit under the Crown if that office is an office the holder of which is capable of being elected to, or sitting or voting in, the House.

R.S., 1985, c. P-1, s. 33; R.S., 1985, c. 1 (4th Supp.), s. 29.

Government contractor

34. Where a person, directly or indirectly, alone or with any other, personally or by the interposition of any trustee or third party, holds, enjoys, undertakes or executes any contract or agreement, expressed or implied, with or for the Government of Canada on behalf of the Crown, or with or for any of the officers of the Government of Canada, for which any public money of Canada is to be paid, the person is not eligible to be a member of the House of Commons and shall not sit or vote therein.

R.S., c. S-8, s. 16.

Disqualification

35. If any member of the House of Commons

(a) accepts any office or commission, or is concerned or interested in any contract, agreement, service or work, that, by virtue of this Division, renders a person incapable of being elected to, or of sitting or voting in, the House of Commons, or

(b) knowingly sells to the Government of Canada any goods, wares or merchandise, or knowingly performs for the Government of Canada or for any of the officers of that Government any service, for which any public money of Canada is paid or to be paid,

whether the contract, agreement or sale is expressed or implied and whether the transaction is single or continuous, the seat of the member is thereby vacated and the member’s election is thenceforth void.

R.S., c. S-8, s. 17.

Penalty

36. (1) Any person who, by this Division, is declared ineligible to be a member of the House of Commons or is disqualified from sitting or voting therein or, having been duly elected, is disqualified pursuant to section 35 from continuing to be such a member or continuing to so sit or vote, and who nevertheless sits or votes in the House of Commons or continues to do so, shall forfeit the sum of two hundred dollars for each day on which the person so sits or votes.

Recovery of penalty

(2) A sum forfeited by any person under subsection (1) is recoverable from that person by any person who sues for it in any court of competent civil jurisdiction in Canada.

R.S., c. S-8, s. 18.

Acts done in recess

37. Sections 34 to 36 extend to any transaction or act begun and concluded during a recess of Parliament.

R.S., c. S-8, s. 19.

Clause in all Government contracts

38. (1) In every contract, agreement or commission to be made, entered into or accepted by any person with the Government of Canada or any of the departments or officers of that Government, for which any public money of Canada is to be paid, there shall be inserted an express condition that no member of the House of Commons shall be admitted to any share or part of the contract, agreement or commission or to any benefit to arise therefrom.

Penalty

(2) Where any person who has entered into or accepted, or enters into or accepts, any contract, agreement or commission described in subsection (1) admits any of the members of the House of Commons to any part or share of the contract, agreement or commission or to receive any benefit thereby, that person shall, for each such admission, forfeit and pay the sum of two thousand dollars, recoverable with costs in any court of competent civil jurisdiction by any person who sues for it.

R.S., c. S-8, s. 20; 1984, c. 15, s. 1.

Limitation period

39. Proceedings for the recovery of any forfeiture imposed by section 36 or 38 may be instituted at any time within but not later than one year after the time when the forfeiture was incurred.

R.S., c. S-8, s. 24.

Further exceptions

40. (1) This Division does not extend to render ineligible to be a member of the House of Commons, or disqualify from sitting or voting therein, any person by reason only that the person is

(a) a shareholder in any corporation having a contract or agreement with the Government of Canada, except any company that undertakes a contract for the building of any public work;

(b) a person on whom the completion of any contract or agreement, expressed or implied, devolves by descent, limitation, marriage, common-law partnership or by virtue of a marriage contract, or a pre-nuptial or co-habitation agreement, or as devisee, legatee, executor or administrator, where less than twelve months have elapsed after the devolution;

(c) a contractor for the loan of money or of securities for the payment of money to the Government of Canada under the authority of Parliament, after public competition; or

(d) a contractor in respect of the purchase or payment of the public stock or debentures of Canada, on terms common to all persons.

Definition of “common-law partnership”

(2) For the purposes of this section, persons are in a common-law partnership if they cohabit together in a conjugal relationship, having so cohabited for a period of at least one year.

R.S., 1985, c. P-1, s. 40; 2000, c. 12, s. 210.

Receiving prohibited compensation

41. (1) No member of the House of Commons shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered to any person, either by the member or another person,

(a) in relation to any bill, proceeding, contract, claim, controversy, charge, accusation, arrest or other matter before the Senate or the House of Commons or a committee of either House; or

(b) for the purpose of influencing or attempting to influence any member of either House.

Offence and punishment

(2) Every member of the House of Commons who contravenes subsection (1) is guilty of an offence and liable to a fine of not less than five hundred dollars and not more than two thousand dollars and shall, for five years after conviction of that offence, be disqualified from being a member of the House of Commons and from holding any office in the public service of Canada.

Offering prohibited compensation

(3) Every person who gives, offers or promises to any member of the House of Commons any compensation for services described in subsection (1), rendered or to be rendered, is guilty of an indictable offence and liable to imprisonment for a term not exceeding one year and to a fine of not less than five hundred dollars and not more than two thousand dollars.

R.S., c. S-8, s. 23.


Division C

Speaker, Parliamentary Secretaries, Clerk and Other Personnel

Deputy Speaker

Speaker leaving the chair

42. Whenever the Speaker of the House of Commons, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the House on any day, the Speaker may call on the Chairman of Committees or, in the absence of that Chairman, on any member of the House to take the chair and act as Deputy Speaker during the remainder of that day unless the Speaker resumes the chair before the close of the sittings for that day.

R.S., c. S-13, s. 2.

Unavoidable absence

43. (1) Whenever the House of Commons is informed of the unavoidable absence of the Speaker thereof by the Clerk at the table, the Chairman of Committees, if present, shall take the chair and perform the duties and exercise the authority of Speaker in relation to all the proceedings of the House, as Deputy Speaker, until the meeting of the House on the next sitting day and so on from day to day, on the like information given to the House, until the House otherwise orders.

Adjournment of more than 24 hours

(2) Notwithstanding subsection (1), where the House of Commons adjourns for more than twenty-four hours, the Deputy Speaker shall continue to perform the duties and exercise the authority of Speaker for twenty-four hours only after that adjournment.

R.S., c. S-13, s. 3.

Validity of acts

44. (1) If, at any time during a session of Parliament, the Speaker of the House of Commons is temporarily absent from the House and a Deputy Speaker thereupon performs the duties and exercises the authority of Speaker pursuant to section 42 or 43 or to the standing orders or other order or a resolution of the House, every act done and proceeding taken in or by the House, in the exercise of its powers and authority, has the same effect and validity as if the Speaker were in the chair.

Idem

(2) Every act done and warrant, order or other document issued, signed or published by a Deputy Speaker referred to in subsection (1) that relates to any proceedings of the House of Commons or that, under any statute, would be done, issued, signed or published by the Speaker, if then able to act, has the same effect and validity as if it had been done, issued, signed or published by the Speaker.

R.S., c. S-13, ss. 4, 5.

45. (Repealed, R.S., 1985, c. 42 (1st Supp.), s. 1)


Parliamentary Secretaries

Appointment

46. (1) The Governor in Council may appoint one or more members of the House of Commons to be Parliamentary Secretary or Secretaries to a minister.

Maximum number

(2) There shall not be appointed more Parliamentary Secretaries than the number of ministers who hold offices for which salaries are provided in sections 4 and 5 of the Salaries Act.

Tenure of office

(3) A Parliamentary Secretary holds office for a period not exceeding twelve months from the date of the appointment and, on ceasing to be a member of the House of Commons, ceases to hold the office of Parliamentary Secretary.

R.S., c. P-1, s. 2; R.S., c. 14(2nd Supp.), s. 25; 1978-79, c. 13, s. 31; 1980-81-82-83, c. 167, s. 25.

Duties

47. The Parliamentary Secretary or Secretaries to a minister shall assist the minister in such manner as the minister directs.

R.S., c. P-1, s. 3.


Clerk and Other Personnel

48. (Repealed, R.S., 1985, c. 1 (4th Supp.), s. 30)

Oath of allegiance

49. (1) The Clerk of the House of Commons shall take and subscribe before the Speaker thereof the oath of allegiance, and all other clerks, officers and messengers of the House shall take and subscribe before the Clerk the oath of allegiance.

Registry

(2) The Clerk of the House of Commons shall keep a register of all oaths taken and subscribed under subsection (1).

R.S., c. H-9, s. 20.


Division D

Board of Internal Economy

Establishment and Organization

Board established

50. (1) There shall be a Board of Internal Economy of the House of Commons, in this section and sections 51 to 53 referred to as “the Board”, over which the Speaker of the House of Commons shall preside.

Composition of Board

(2) The Board shall consist of the Speaker, two members of the Queen’s Privy Council for Canada appointed from time to time by the Governor in Council, the Leader of the Opposition or the nominee of the Leader of the Opposition and other members of the House of Commons who may be appointed from time to time as follows:

(a) if there is only one party in opposition to the government that has a recognized membership of twelve or more persons in the House of Commons, the caucus of that party may appoint two members of the Board and the caucus of the government party may appoint one member of the Board; and

(b) if there are two or more parties in opposition to the government each of which has a recognized membership of twelve or more persons in the House of Commons,

(i) the caucus of each of those parties in opposition may appoint one member of the Board, and

(ii) the caucus of the government party may appoint that number of members of the Board that is one less than the total number of members of the Board who may be appointed under subparagraph (i).

(3)�(Repealed, 1997, c. 32, s. 1)

Speaker to inform of appointments

(4) The Speaker shall inform the House of Commons of any appointment made to the Board, on any of the first fifteen days on which the House is sitting after the appointment is made.

Oath or affirmation

(5) Every member of the Board shall, as soon as practicable after becoming a member of the Board, take before the Clerk of the House of Commons an oath or affirmation of fidelity and secrecy in the form set out in Form 3 of the schedule.

Scope

(6) For greater certainty, the oath or affirmation referred to in subsection (5) only relates to matters of security, employment and staff relations, tenders and investigations in relation to a member of the House of Commons and nothing in subsection (5) shall be construed as preventing the communication of any information relating to other matters to a party caucus.

R.S., 1985, c. P-1, s. 50; R.S., 1985, c. 42 (1st Supp.), s. 2; 1991, c. 20, s. 2; 1997, c. 32, s. 1.

Clerk is Secretary

51. The Clerk of the House of Commons is the Secretary to the Board.

R.S., 1985, c. P-1, s. 51; R.S., 1985, c. 42 (1st Supp.), s. 2; 1991, c. 20, s. 2.

Quorum

52. (1) Five members of the Board, of whom one shall be the Speaker, constitute a quorum.

Death, disability or absence of Speaker

(2) In the event of the death, disability or absence of the Speaker, five members of the Board, of whom one shall be a member of the Queen’s Privy Council for Canada appointed under subsection 50(2), constitute a quorum. The members present shall designate a member from among themselves to chair the meeting.

R.S., 1985, c. P-1, s. 52; R.S., 1985, c. 42 (1st Supp.), s. 2; 1991, c. 20, s. 2; 1997, c. 32, s. 2.

Emergencies

52.1 (1) Where the Speaker deems that there is an emergency, the Speaker may exercise any power of the Board.

Report of decision

(2) The Speaker shall report to the Board any decision made under subsection (1) at the meeting of the Board immediately following the decision.

1991, c. 20, s. 2.


Functions of Board

Capacity

52.2 (1) In exercising the powers and carrying out the functions conferred upon it pursuant to this Act, the Board has the capacity of a natural person and may

(a) enter into contracts, memoranda of understanding or other arrangements in the name of the House of Commons or in the name of the Board; and

(b) do all such things as are necessary or incidental to the exercising of its powers or the carrying out of its functions.

Immunity

(2) Where a member of the Board participates in the exercise of the powers or the carrying out of the functions of the Board, the member shall not be held personally liable for the actions of the Board.

1991, c. 20, s. 2.

Function of Board

52.3 The Board shall act on all financial and administrative matters respecting

(a) the House of Commons, its premises, its services and its staff; and

(b) the members of the House of Commons.

1991, c. 20, s. 2.

Estimate to be prepared

52.4 (1) Prior to each fiscal year the Board shall cause to be prepared an estimate of the sums that will be required to be provided by Parliament for the payment of the charges and expenses of the House of Commons and of the members thereof during the fiscal year.

Estimate to be included in government estimates and tabled

(2) The estimate referred to in subsection (1) shall be transmitted by the Speaker to the President of the Treasury Board who shall lay it before the House of Commons with the estimates of the government for the fiscal year.

1991, c. 20, s. 2.


By-laws

By-laws

52.5 (1) The Board may make by-laws

(a) respecting the calling of meetings of the Board and the conduct of business at those meetings;

(b) governing the use by members of the House of Commons of funds, goods, services and premises made available to them for the carrying out of their parliamentary functions;

(c) prescribing the terms and conditions of the management of, and accounting for, by members of the House of Commons, of funds referred to in paragraph (b) and section 54; and

(d) respecting all such things as are necessary or incidental to the exercise of its powers and the carrying out of its functions.

Speaker to table by-laws

(2) The Speaker shall table before the House of Commons the by-laws made under this section on any of the first thirty days after the making thereof.

Speaker to make by-laws available

(3) When the House of Commons is not sitting, the Speaker shall cause the by-laws made under this section to be deposited with the Clerk of that House and such by-laws shall thereupon be deemed to have been tabled before the House of Commons.

By-laws not statutory instruments

(4) By-laws made under this section shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

1991, c. 20, s. 2.


Opinions

Exclusive authority

52.6 (1) The Board has the exclusive authority to determine whether any previous, current or proposed use by a member of the House of Commons of any funds, goods, services or premises made available to that member for the carrying out of parliamentary functions is or was proper, given the discharge of the parliamentary functions of members of the House of Commons, including whether any such use is or was proper having regard to the intent and purpose of the by-laws made under subsection 52.5(1).

Members may apply

(2) Any member of the House of Commons may apply to the Board for an opinion with respect to any use by that member of funds, goods, services or premises referred to in subsection (1).

1991, c. 20, s. 2.

Opinion during investigation

52.7 (1) During any investigation by a peace officer in relation to the use by a member of the House of Commons of funds, goods, services or premises referred to in subsection 52.6(1), the peace officer may apply to the Board for, or the Board may, on its own initiative, provide the peace officer with, an opinion concerning the propriety of such use.

Opinion to be considered

(2) Where an opinion is provided to a peace officer pursuant to subsection (1) and where an application for a process is made to a judge, the judge shall be provided with the opinion and shall consider it in determining whether to issue the process.

Definition of “process”

(3) For the purposes of this section, “process” means

(a) an authorization to intercept a private communication under section 185,

(b) an order for a special warrant under section 462.32,

(c) an order for a search warrant under section 487,

(d) a restraint order under section 462.33,

(e) the laying of an information under section 504 or 505,

(f) a summons or an arrest warrant under section 507, or

(g) the confirmation of an appearance notice, promise to appear or recognizance under section 508

of the Criminal Code.

Issuance of process by judge

(4) The issuance of a process referred to in paragraphs (3)(c), (e), (f) and (g) that is based on the use by a member of the House of Commons of any funds, goods, services or premises made available to that member for the carrying out of parliamentary functions shall be authorized by a judge of a provincial court within the meaning of section 2 of the Criminal Code.

1991, c. 20, s. 2.

General opinions

52.8 In addition to issuing opinions under section 52.6, the Board may issue general opinions regarding the proper use of funds, goods, services and premises within the intent and purpose of the by-laws made under subsection 52.5(1).

1991, c. 20, s. 2.

Comments may be included

52.9 (1) The Board may include in its opinions any comments that the Board considers relevant.

Publication of opinions

(2) Subject to subsection (3), the Board may publish, in whole or in part, its opinions for the guidance of members of the House of Commons.

Privacy and notification

(3) Subject to subsection (4), the Board shall take the necessary measures to assure the privacy of any member of the House of Commons who applies for an opinion and shall notify the member of its opinion.

Making opinions available

(4) For the purposes of subsection 52.7(1), the Board may, if it considers it appropriate to do so, make any of its opinions, including opinions issued under section 52.6, available to the peace officer.

1991, c. 20, s. 2.

In case of dissolution

53. On a dissolution of Parliament, every member of the Board and the Speaker and Deputy Speaker shall be deemed to remain in office as such, as if there had been no dissolution, until their replacement.

R.S., 1985, c. P-1, s. 53; R.S., 1985, c. 42 (1st Supp.), s. 2; 1991, c. 20, s. 2.

53.1 (Repealed, 1991, c. 20, s. 2)

Expenditure

54. All funds, other than those applied toward payment of the salaries and expenses of Parliamentary Secretaries, expended under Part IV in respect of the House of Commons shall be expended and accounted for in the same manner as funds for defraying the charges and expenses of the House and of the members thereof are to be expended and accounted for pursuant to this Division.

R.S., 1985, c. P-1, s. 54; 1991, c. 20, s. 2.


Part Iv. Remuneration Of Members Of Parliament

Sessional Allowances

Amount

55. (1) There shall be paid a sessional allowance at the rate of forty thousand two hundred dollars per annum, subject to adjustment made from time to time in accordance with subsections (3) to (6), to each of the members of the Senate and the House of Commons.

Commencement of membership

(2) For the purposes of this section, a person shall be deemed to have become a member of the Senate on the day on which the person is summoned to the Senate, and a person shall be deemed to have become a member of the House of Commons on the day last fixed for the election of a member of the House of Commons for the electoral district represented by the person.

Adjustment

(3) Subject to subsections (5) and (6) and 67(2), for each twelve month period commencing January 1, there shall be paid to each of the members of the Senate and the House of Commons a sessional allowance at the rate per annum that is obtained by multiplying

(a) the sessional allowance payable to each such member for the twelve month period immediately preceding the twelve month period in respect of which the sessional allowance is to be determined

by

(b) one per cent less than the lesser of

(i) the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year, and

(ii) the percentage that the Consumer Price Index for the first adjustment year is of the Consumer Price Index for the second adjustment year.

Construction of certain expressions

(4) For the purposes of subsection (3),

(a) in relation to any twelve month period in respect of which the sessional allowance is to be determined,

(i) the “first adjustment year” is the last twelve month period, preceding the commencement of the period in respect of which the sessional allowance is to be determined, for which the Industrial Aggregate or the Consumer Price Index, as the case may be, is available on the first day of the period in respect of which the sessional allowance is to be determined, and

(ii) the “second adjustment year” is the twelve month period immediately preceding the first adjustment year;

(b) the “Industrial Aggregate” for an adjustment year is the average weekly wages and salaries of the Industrial Aggregate in Canada for that year as published by Statistics Canada under the authority of the Statistics Act; and

(c) the Consumer Price Index for an adjustment year is the result arrived at by

(i) aggregating the Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, adjusted in such manner as may be prescribed by regulation of the Governor in Council, for each month in that year,

(ii) dividing the aggregate obtained under subparagraph (i) by twelve, and

(iii) rounding the result obtained under subparagraph (ii) to the nearest one-thousandth or, if the result obtained is equidistant from two multiples of one-thousandth, to the higher thereof.

Sessional allowance for 1984

(5) Subject to subsection 67(2), there shalle paid to each of the members of the Senate and the House of Commons for the twelve month period commencing January 1, 1984 a sessional allowance at the rate per annum that is the lesser of

(a) the rate per annum that would, but for this subsection, be determined under subsection (3), and

(b) the rate per annum that is obtained by multiplying

(i) the sessional allowance that was paid for the twelve month period commencing January 1, 1983 to each member under this section as in force at that date

by

(ii) one hundred and five per cent.

Calculation of allowance after January 1, 1985

(6) For the purposes of calculating a sessional allowance under subsection (3) for the twelve month period commencing January 1, 1985, the sessional allowance payable for the twelve month period immediately preceding that twelve month period shall be deemed to be the sessional allowance payable under subsection (5).

Override as of January 1, 1986

(7) Notwithstanding subsection (3), there shall be paid to each of the members of the Senate and the House of Commons for the twelve month period commencing January 1, 1986 a sessional allowance that is one thousand dollars less than the amount that would, but for this subsection, be determined under subsection (3).

Deeming provision

(8) For the purposes of calculating

(a) a sessional allowance under subsection (3) for any period commencing after December 31, 1986, and

(b) contributions and allowances under the Members of Parliament Retiring Allowances Act,

the sessional allowance payable for the twelve month period commencing January 1, 1986 shall be deemed to have been the sessional allowance that would, but for subsection (7), have been determined under subsection (3).

Override as of January 1, 1992

(9) Notwithstanding subsection (3), there shall be paid to every member of the Senate and House of Commons

(a) for the twelve month period commencing January 1, 1992, a sessional allowance at the same rate per annum as the sessional allowance payable to each such member for the twelve month period immediately preceding January 1, 1992; and

(b) for the twelve month periods commencing January 1, 1993, January 1, 1994, January 1, 1995, January 1, 1996 and January 1, 1997, a sessional allowance at the same rate per annum as the sessional allowance payable to each such member for the twelve month period commencing January 1, 1992 under paragraph (a).

Sessional allowance after January 1, 1998

(10) Despite subsection (3), the sessional allowance for the twelve month period beginning on January 1, 1998 and for every twelve month period beginning on every successive January 1 during the 36th Parliament is the sessional allowance payable for the twelve month period immediately before that period increased by two per cent.

Deeming

(11) For the purpose of calculating the sessional allowance for the twelve month period beginning on January 1, 1998, the sessional allowance payable for the twelve month period immediately before that period is deemed to be the sessional allowance payable under paragraph (9)(b).

R.S., 1985, c. P-1, s. 55; R.S., 1985, c. 38 (2nd Supp.), s. 1; 1991, c. 30, s. 23; 1993, c. 13, s. 11; 1994, c. 18, s. 10; 1998, c. 23, s. 1.

How allowance paid

56. The sessional allowances payable under section 55 shall be paid in monthly instalments on the last day of each month.

R.S., c. S-8, s. 36.

Deductions for non-attendance

57. (1) A deduction at the rate of sixty dollars per day shall be made from the sessional allowance of a member of either House of Parliament for every day beyond twenty-one on which the member does not attend a sitting of that House if it sits on that day.

Days not reckoned

(2) For the purposes of subsection (1), in the case of a member elected or appointed after the commencement of a session, no day of a session previous to the election or appointment shall be reckoned as one of the twenty-one days referred to in that subsection.

Reckoning days of attendance

(3) Each day during a session on which

(a) a member of either House of Parliament did not attend a sitting thereof by reason of public or official business,

(b) there has been no sitting of the House in consequence of its having adjourned over that day, or

(c) the member is unable to attend by reason of being ill,

shall be reckoned as a day of attendance of the member at that session.

Payment of sessional allowance on death

(4) Where a member of either House of Parliament dies, the sessional allowance of the member shall be paid to the end of the month in which the death occurs.

R.S., c. S-8, s. 37.

Service in armed forces not computed

58. In the calculation pursuant to this Part of any deduction from the sessional allowance of a member on account of absence, days that were spent by the member

(a) on service as an officer or non-commissioned member of the reserve force while on any training or other duty authorized by regulations or orders made under the National Defence Act, or

(b) in the Canadian Forces or in any other armed forces of Her Majesty while those forces are on active service in consequence of any war,

shall not be computed.

R.S., 1985, c. P-1, s. 58; R.S., 1985, c. 31 (1st Supp.), s. 61.

Stricter provisions by regulation of either House

59. The Senate or the House of Commons may make regulations, by rule or by order, rendering more stringent on its own members the provisions of this Act that relate to the attendance of members or to the deductions to be made from sessional allowances.

R.S., c. S-8, s. 40.


Salaries and Additional Allowances of Members

Presiding officers

60. Subject to sections 66.1 and 67, the following salaries shall be paid:

(a) to the Speaker of the Senate, the sum of nineteen thousand six hundred dollars per annum;

(a.1) to any member of the Senate occupying the recognized position of Speaker pro tempore of the Senate, the sum of ten thousand five hundred dollars per annum;

(b) to the Speaker of the House of Commons, the sum of thirty thousand eight hundred dollars per annum;

(c) to the Deputy Speaker of the House of Commons, the sum of sixteen thousand three hundred dollars per annum;

(d) to the Deputy Chairman of the Committee of the Whole House of Commons, the sum of six thousand nine hundred dollars per annum; and

(e) to the Assistant Deputy Chairman of the Committee of the Whole House of Commons, the sum of six thousand nine hundred dollars per annum.

R.S., 1985, c. P-1, s. 60; 1998, c. 23, s. 2.

Parliamentary Secretaries

61. Subject to sections 66.1 and 67, a Parliamentary Secretary shall be paid a salary at the rate of six thousand nine hundred dollars per annum in monthly instalments on the last day of each month.

R.S., 1985, c. P-1, s. 61; 1998, c. 23, s. 3.

Additional allowances

62. Subject to sections 66.1 and 67, there shall be paid, in addition to the sessional allowances that are payable,

(a) to the member occupying the position of Leader of the Opposition in the House of Commons, an annual allowance of thirty thousand eight hundred dollars;

(b) to each member of the House of Commons, other than the Prime Minister or the member occupying the position of Leader of the Opposition in the House of Commons, who is the leader of a party that has a recognized membership of twelve or more persons in the House, an annual allowance of eighteen thousand six hundred dollars;

(c) to each of the members occupying the positions of Chief Government Whip and Chief Opposition Whip in the House of Commons, an annual allowance of eight thousand six hundred dollars;

(d) to each of the members occupying the positions of Deputy Government Whip and Deputy Opposition Whip and the position of Whip of a party that has a recognized membership of twelve or more persons in the House of Commons, an annual allowance of five thousand dollars;

(e) to the member occupying the position of Opposition House Leader in the House of Commons, an annual allowance of fifteen thousand three hundred dollars;

(f) to the member occupying the position of House Leader of a party that has a recognized membership of twelve or more persons in the House of Commons, an annual allowance of six thousand six hundred dollars;

(g) to the member of the Senate occupying the position of Leader of the Government in the Senate, except any such member in receipt of a salary under the Salaries Act, an annual allowance of twenty-two thousand dollars;

(h) to the member of the Senate occupying the position of Leader of the Opposition in the Senate, an annual allowance of fifteen thousand three hundred dollars;

(i) to the member of the Senate occupying the position of Deputy Leader of the Government in the Senate, an annual allowance of nine thousand six hundred dollars;

(j) to the member of the Senate occupying the position of Deputy Leader of the Opposition in the Senate, an annual allowance of six thousand three hundred dollars;

(k) to the member of the Senate occupying the position of Government Whip in the Senate, an annual allowance of five thousand dollars; and

(l) to the member of the Senate occupying the position of Opposition Whip in the Senate, an annual allowance of three thousand three hundred dollars.

R.S., 1985, c. P-1, s. 62; 1998, c. 23, s. 4.


Expenses

Moving, transportation, travel and telecommunication expenses

63. (1) For each session of Parliament, there shall be allowed to every member of each House of Parliament such actual moving, transportation, travel and telecommunication expenses as that House may, by order, prescribe.

Motor vehicle allowances

(2) In addition to the expenses payable pursuant to subsection (1), there shall be paid annually

(a) to each minister of the Crown, a motor vehicle allowance of two thousand dollars;

(b) to the member holding the recognized position of Leader of the Opposition in the House of Commons, a motor vehicle allowance of two thousand dollars; and

(c) to each of the Speakers of the Senate and the House of Commons, a motor vehicle allowance of one thousand dollars.

Expense allowance

(3) Subject to section 67, in addition to the expenses payable pursuant to subsection (1), there shall be paid to each of the members of the Senate and the House of Commons an allowance for expenses incidental to the discharge of the duties of the member,

(a) in the case of a member of the Senate, at the rate of five thousand three hundred dollars per annum; and

(b) in the case of a member of the House of Commons,

(i) at the rate of fourteen thousand four hundred and seventy-five dollars per annum if the member represents an electoral district in the Northwest Territories or Nunavut,

(ii) at the rate of $13,275 per annum if the member represents any other electoral district listed in Schedule 3 to the Canada Elections Act, and

(iii) at the rate of ten thousand six hundred dollars per annum if the member represents an electoral district that is not referred to in subparagraph (i) or (ii).

Time of payment and deductions

(4) The allowances described in subsection (3) shall be paid monthly to every member of each House and shall be subject to a deduction in respect of non-attendance at sittings of that House equal to the deduction from the sessional allowance of a member provided for in section 57.

R.S., 1985, c. P-1, s. 63; 1993, c. 28, s. 78; 2000, c. 9, s. 565.

Payment on death

64. The expense allowance of a member of the Senate or the House of Commons who dies shall be paid up to and including the day of the death.

R.S., c. S-8, s. 43.

Statement of attendance

65. (1) For each session of Parliament, at the end of each month and at the end of the session, every member of each House of Parliament shall furnish the Clerk of that House with a statement, signed by the member, of the number of days attendance during the month or session, as the case may be, for which the member is entitled to the expense allowance and, in the case of the inclusion of days on which the member has failed to attend by reason of illness, setting out that fact and that the absence was due to that illness and was unavoidable.

Statement of travel and other expenses

(2) Every member of each House of Parliament applying for an allowance for travel expenses shall furnish the Clerk of that House with a statement, signed by the member, of the actual moving or transportation expenses as provided for in subsection 63(1).

R.S., c. S-8, s. 44; 1980-81-82-83, c. 47, s. 39.

Regulations respecting Parliamentary Secretary’s expenses

66. The Governor in Council may make regulations providing for the payment to a Parliamentary Secretary of reasonable travel and other expenses

(a) incurred by, and in the discharge of the duties of, the Parliamentary Secretary during a session of Parliament while away from Ottawa; or

(b) incurred by the Parliamentary Secretary in the discharge of the duties, while away from the ordinary place of residence, of the Parliamentary Secretary during a period when Parliament is not in session.

R.S., c. P-1, s. 5.


Salaries and Allowances during the 36th Parliament

Salaries and allowances during the 36th Parliament

66.1 (1) Despite subsection 67(1), the salaries and allowances payable to members pursuant to sections 60 to 62 and subsections 63(2) and (3) of this Act and sections 4 and 5 of the Salaries Act for the twelve month period beginning on January 1, 1998 and for every twelve month period beginning on every successive January 1 during the 36th Parliament are the salaries and allowances payable under those provisions on December 31 of the preceding year increased by two per cent.

Deeming — Speaker of the Senate

(2) For the purpose of subsection (1), the salary payable under section 60 to the Speaker of the Senate for the twelve month period before the twelve month period beginning on January 1, 1998 is deemed to be five thousand dollars more than the salary that was payable.

1998, c. 23, s. 5.


Adjustment of Salaries and Allowances

Adjustment of certain salaries and allowances

67. (1) The salaries and allowances payable to members of the Senate and the House of Commons pursuant to sections 60 to 62 and subsection 63(3) of this Act and sections 4 and 5 of the Salaries Act shall be adjusted in the manner provided by subsection 55(3), (5) or (9), as the case may be, for each twelve month period commencing January 1 as if they were sessional allowances.

Rounding of amounts

(2) A sessional allowance or other allowance determined for a twelve month period pursuant to subsection (1) or 55(3), (5), (7) or (9) that is not a multiple of one hundred dollars shall be rounded to the nearest multiple of one hundred dollars that is lower than the sessional allowance or other allowance so determined.

R.S., 1985, c. P-1, s. 67; R.S., 1985, c. 38 (2nd Supp.), s. 2; 1991, c. 30, s. 24.

Periodic inquiry into allowances

68. (1) Within two months after the day fixed for return of the writs at each general election, the Governor in Council shall appoint commissioners to inquire into the adequacy of the annual variations of sessional allowances payable to members of the Senate and the House of Commons and other allowances payable to them and to report thereon, with such recommendations as the commissioners consider appropriate, to the Governor in Council within six months after the time of their appointment.

Report to be tabled

(2) Every report made to the Governor in Council pursuant to subsection (1) shall be laid before Parliament on any of the first fifteen days after the report is made on which Parliament is sitting.

1974-75-76, c. 44, s. 2.


Allowances after Dissolution

Payment after dissolution

69. For the purposes of the allowances payable under sections 55 and 63, a person who, immediately before a dissolution of the House of Commons, was a member thereof shall be deemed to continue to be a member of the House until the date of the next following general election.

R.S., c. S-8, s. 35.


Severance Allowance

Where member not re-elected

70. (1) Subject to section 71, where a person who holds a seat in the House of Commons on the day of a dissolution of the House is, for any reason, not re-elected as a member thereof at the next following general election of members of the House, the person shall be paid a severance allowance in accordance with subsection (4).

Death or disability

(2) Subject to section 71, where a person who holds a seat in the House of Commons dies or ceases to be a member of the House by reason of any permanent illness or infirmity by which the person is, in the opinion of the Speaker of the House, disabled from performing the person’s duties as a member of the House, there shall be paid to or in respect of the person a severance allowance in accordance with subsection (4).

Notice of Speaker’s opinion

(3) Notice of the opinion referred to in subsection (2) shall be given to members of the House of Commons by means of a statement made by the Speaker in the House.

Amount

(4) Subject to subsections (4.1) and (5), the severance allowance to be paid to or in respect of a person under subsection (1) or (2) shall be a lump sum amount equal to fifty per cent of the aggregate of

(a) the sessional allowance under section 55, and

(b) any salary or allowance under section 60, 61 or 62 of this Act or section 4 or 5 of the Salaries Act

to which the person was entitled immediately before ceasing to be a member of Parliament.

Amount

(4.1) Subject to subsection (5), the severance allowance to be paid to or in respect of a person under subsection (1) or (2) who is under fifty-five years of age on the day on which the person ceases to be a member and to whom an allowance would be immediately payable under the Members of Parliament Retiring Allowances Act shall be the amount that would be the severance allowance determined under subsection (4) but for this subsection less an amount equal to the annual allowance immediately payable under that Act to the person.

Amount

(5) The severance allowance to be paid to or in respect of a person under subsection (1) or (2) who is subject to the Members of Parliament Retiring Allowances Act who is fifty-four years of age immediately before ceasing to be a member of the House of Commons and who will be fifty-five years of age in less than six months is

(a) the severance allowance that would otherwise be payable under subsection (4)

reduced by

(b) the amount determined by the formula

A/b × C

where

A�is the number of days between the beginning of the period mentioned in B and the day the person ceased to be a member of the House of Commons,B�is the number of days in the six month period immediately before the person’s fifty-fifth birthday, andC�is the severance allowance that would otherwise be payable under subsection (4).Supplementary severance allowance

(6) Subject to subsection (8), a person who was entitled to elect under subsection 10(1.1) and 32(1.1) of the Members of Parliament Retiring Allowances Act and who did not elect shall be paid a supplementary severance allowance in the form of a lump sum equal to

(a) in the case of a person to whom an allowance would not be payable under the Members of Parliament Retiring Allowances Act, one twelfth of the sessional allowance under section 55 and any salary or allowance under section 60, 61 or 62 of this Act or section 4 or 5 of the Salaries Act to which the person was entitled immediately before ceasing to be a member, for every year the member was a member, to a maximum of twelve years; and

(b) in the case of a person to whom an allowance would be payable under the Members of Parliament Retiring Allowances Act, one twelfth of the sessional allowance under section 55 and any salary or allowance under section 60, 61 or 62 of this Act or section 4 or 5 of the Salaries Act to which the person was entitled immediately before ceasing to be a member, for every year the member was a member in the period referred to in subsections 10(1.1) and 32(1.1) of the Members of Parliament Retiring Allowances Act.

(7)�(Repealed, 2000, c. 27, s. 1)

Persons under fifty-five years of age

(8) A person who is under fifty-five years of age on the day the person ceases to be a member is entitled to the supplementary severance allowance only if the person has been a member for at least six years.

Payment deferred

(9) Payment of a supplementary severance allowance to a person referred to in subsection (8) who is entitled to it shall be deferred until the person reaches the age of fifty-five, except that if the person dies after becoming entitled to the supplementary severance allowance, it shall be payable immediately. Interest shall accrue on the amount of the supplementary severance allowance from the time the person becomes entitled to it to the time it is paid.

Member for a year

(10) For the purposes of subsections (6) and (8), a member is deemed to have been a member for a year if the member was a member for six months or more in any twelve month period.

R.S., 1985, c. P-1, s. 70; 1998, c. 23, s. 6; 2000, c. 27, s. 1.

Restriction

71. A severance allowance shall not be paid under subsection 70(1) or (2) to or in respect of any person to or in respect of whom an allowance is immediately payable under the Members of Parliament Retiring Allowances Act, except in the case referred to in subsection 70(4.1).

R.S., 1985, c. P-1, s. 71; 1998, c. 23, s. 7; 2000, c. 27, s. 2.


Financial Provisions

Payments out of C.R.F.

72. (1) There is hereby granted to Her Majesty, out of any unappropriated moneys forming part of the Consolidated Revenue Fund, an annual sum sufficient to enable Her Majesty to pay the amount of the sessional allowances of members of Parliament.

Salary of Parliamentary Secretaries

(2) The salary of a Parliamentary Secretary under this Act shall be paid out of the Consolidated Revenue Fund.

Payments out of C.R.F.

(3) The sessional allowances payable under subsection 55(10), the salaries and allowances payable under subsection 66.1(1) and any supplementary severance allowance payable under subsection 70(6) shall be paid out of the Consolidated Revenue Fund.

R.S., 1985, c. P-1, s. 72; 1998, c. 23, s. 8.


Part V. General

Library of Parliament

Books, etc., vested in Her Majesty

73. All books, paintings, maps and other articles that are in the joint possession of the Senate and the House of Commons, including any additions to the collection of articles, are vested in Her Majesty, for the use of both Houses of Parliament, and shall be kept in a suitable portion of the Parliament buildings appropriated for that purpose.

R.S., c. L-7, s. 2.

Administration

74. (1) The direction and control of the Library of Parliament and the officers, clerks and servants connected therewith is vested in the Speaker of the Senate and the Speaker of the House of Commons assisted, during each session, by a joint committee to be appointed by the two Houses.

Regulations

(2) The Speakers of the two Houses of Parliament, assisted by the joint committee referred to in subsection (1), may, subject to the approval of the two Houses, make such orders and regulations for the government of the Library, and for the proper expenditure of moneys voted by Parliament for the purchase of books, maps or other articles to be deposited therein, as appear to them appropriate.

R.S., c. L-7, ss. 3, 4.

Parliamentary Librarian

75. (1) The Governor in Council may, by commission under the Great Seal, appoint a Parliamentary Librarian to hold office during pleasure.

Rank and duties

(2) The Parliamentary Librarian has the rank of a deputy head of a department of the Government of Canada and, subject to section 74, has the control and management of the Library.

Associate Parliamentary Librarian

(3) The Governor in Council may, by commission under the Great Seal, appoint an Associate Parliamentary Librarian to hold office during pleasure who, in addition to any duties defined in respect of the office under section 78, shall execute and perform the duties and functions of Parliamentary Librarian during the absence, illness or other incapacity of the Parliamentary Librarian or during a vacancy in the office of Parliamentary Librarian.

Other officers and employees

(4) Such officers, other than the Parliamentary Librarian and the Associate Parliamentary Librarian, and such clerks and servants as are authorized by law and required for the service of the Library may be appointed in the manner prescribed by law to hold office during pleasure.

R.S., c. L-7, ss. 5, 6.

Salaries of Librarians

76. (1) Each of the Librarians appointed under subsections 75(1) and (3) shall receive such salary as that Librarian is by law authorized to receive.

Salaries of other officers and employees

(2) The salaries of the officers, other than those referred to in subsection (1), and of the clerks and servants of the Library shall be fixed according to the scale provided by law.

R.S., c. L-7, s. 7.

Payment

77. The salaries of the officers, clerks and servants of the Library of Parliament and any casual expenses connected therewith shall be paid out of moneys provided by Parliament for that purpose.

R.S., c. L-7, s. 8.

Duties of Librarians and staff

78. The Parliamentary Librarian, the Associate Parliamentary Librarian and the other officers, clerks and servants of the Library are responsible for the faithful discharge of their official duties, as defined by regulations agreed on by the Speakers of the two Houses of Parliament and concurred in by the joint committee referred to in section 74.

R.S., c. L-7, s. 9.

Stationery

79. The supply of stationery required for the use of the Library shall be furnished by the Department of Public Works and Government Services and charged to the Houses of Parliament.

R.S., 1985, c. P-1, s. 79; 1996, c. 16, s. 61.


Offence and Punishment

Prohibited use of expression “Parliament Hill”

80. (1) Notwithstanding anything contained in any Act of Parliament or regulation made thereunder, no person shall use the words “Parliament Hill” in combination

(a) to describe or designate a property, place, site or location in the National Capital Region described in the schedule to the National Capital Act other than the area of ground in the City of Ottawa bounded by Wellington Street, the Rideau Canal, the Ottawa River and Kent Street;

(b) to identify any goods, merchandise, wares or articles for commercial use or sale; or

(c) in association with a commercial establishment providing services.

Offence and punishment

(2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

Construction

(3) This section shall not be construed as limiting in any way the powers, privileges, rights and immunities of both Houses of Parliament and of their members.

R.S., 1985, c. P-1, s. 80; 2001, c. 20, s. 13.

Schedule

(Sections 13 and 50)


Form 1

The evidence you shall give on this examination shall be the truth, the whole truth and nothing but the truth. So help you God.


Form 2

I, . . . . . . . . . . . . ., do solemnly, sincerely and truly affirm and declare the taking of any oath is according to my religious belief unlawful, and I do also solemnly, sincerely and truly affirm and declare, etc.


Form 3

I, . . . . . . . . . . . . ., do solemnly swear (affirm) that I will faithfully, truly and to the best of my judgment, skill and ability execute and perform the duties required of me as a member of the Board of Internal Economy of the House of Commons. (In the case where an oath is taken, add “So help me God”).

I further solemnly swear (affirm) that I will not communicate or allow to be communicated to any person without due authority in that behalf any information relating to matters of employment and staff relations, tenders, security and investigations in relation to a member of the House of Commons, nor will I allow any such person to inspect or have access to any books or documents belonging to or in the possession of the Board and relating to the business of the Board. (In the case where an oath is taken, add “So help me God”).

R.S., 1985, c. P-1, Sch.; 1991, c. 20, s. 3.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox