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The Legislative Assembly Amendment Act

S.M. 1991-92, c. 2

Bill 33, 2nd Session, 35th Legislature

The Legislative Assembly Amendment Act

(Assented to April 8, 1991)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. L110 amended

1           The Legislative Assembly Act is amended by this Act.

Subsection 53(1) amended

2(1)        Subsection 53(1) is amended by striking out "subsection (3)" where it occurs for the first time and substituting "subsections (3) and (4)".

Subsection 53(4) added

2(2)        The following is added after subsection 53(3):

No increase in 1991-92

53(4)       Notwithstanding subsection (1), subsection (3) does not operate to increase the indemnity payable to a member in the fiscal year commencing on April 1, 1991 and ending on March 31, 1992, and the amount of the indemnity and the allowance that is payable to a member under subsection (1) in the fiscal year commencing on April 1, 1991 and ending on March 31, 1992 shall be the same as the amount of the indemnity and the allowance that was payable to a member under subsection (1) in the fiscal year commencing on April 1, 1990 and ending on March 31, 1991.

Subsection 59(1) amended

3(1)        Subsection 59(1) is amended by striking out "There" and substituting "Subject to subsection (1.1), there".

Subsection 59(1.1) added

3(2)        The following is added after subsection 59(1):

Rollback of allowance

59(1.1)     Following the application of section 68 for the fiscal year commencing on April 1, 1991 and ending on March 31, 1992, the amount of the constituency and access allowance payable to a member under this section for the fiscal year commencing on April 1, 1991 and ending on March 31, 1992 is reduced by an amount equal to 10% of the amount that would otherwise be payable under this section.

Clause 59(2)(b) amended

3(3)        Clause 59(2)(b) is amended by striking out all of the words after "section" and substituting "and, subject to subsections (2.1) and (2.2), on any terms and conditions that the Legislative Assembly Management Commission may prescribe".

Subsections 59(2.1) to (2.3) added

3(4)        The following is added after subsection 59(2):

No purchase except as authorized

59(2.1)     No member shall purchase any property using the constituency and access allowance except as may be provided in the Rules made by the Legislative Assembly Management Commission and in accordance with any terms and conditions that may be prescribed by the Legislative Assembly Management Commission.

Property transferred

59(2.2)     On the day on which a member ceases to be a member, all property that he or she has purchased using the constituency and access allowance is deemed to be the property of the Legislative Assembly.

LAMC Rules

59(2.3)     For the purposes of this section, the Legislative Assembly Management Commission may make Rules:

(a) prescribing the types of expenses for which a constituency and access allowance may be used including, without limiting the generality of the foregoing, expenses for office rental, utility services for the office, salaries for staff, stationery and office supplies and equipment;

(b) determining the records that must be kept by members relating to all property and services acquired with a constituency and access allowance;

(c) providing for the filing of records kept under clause (b) with the Clerk of the House or his or her designate;

(d) respecting the types of property that may be purchased by members using the constituency and access allowance;

(e) prescribing the terms and conditions on which a member, on ceasing to be a member, may acquire for his or her own use property purchased with a constituency and access allowance;

(f) respecting the public disclosure of information respecting expenses incurred by members for which a constituency and access allowance is used;

(g) respecting any other matter that the Legislative Assembly Management Commission considers necessary to carry out the intention of this section.

Subsection 66(1.1) added

4(1)         The following is added after subsection 66(1):

Reduction in 1991-92

66(1.1)     Notwithstanding subsection (1), no member is entitled to more than two mailings under subsection (1) at the expense of the government during the fiscal year commencing on April 1, 1991 and ending on March 31, 1992.

Subsection 66(4) added

4(2)        The following is added after subsection 66(3):

Reduction in 1991-92

66(4)       Notwithstanding subsection (3), no member is entitled to more than two printings under subsection (3) at the expense of the government during the fiscal year commencing on April 1, 1991 and ending on March 31, 1992.

Coming into force

5(1)        Subject to subsection (2), this Act is retroactive and is deemed to have come into force on April 1, 1991.

Provisions to be proclaimed

5(2)        Subsections 3(3) and 3(4) come into force on a day fixed by proclamation.