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The Legislative Assembly Amendment and Legislative Assembly Management Commission Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 2009, c. 41

Bill 2, 4th Session, 39th Legislature

The Legislative Assembly Amendment and Legislative Assembly Management Commission Amendment Act

(Assented to December 10, 2009)

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

PART 1

THE LEGISLATIVE ASSEMBLY ACT

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

1           This Part amends The Legislative Assembly Act.

2           The following is added after section 52.6 and before the centred heading that follows it:

COMPLIANCE REPORT

Compliance report

52.6.1(1)   Within six months after each general election, the manager of the Members' Allowances Office referred to in section 52.29 must

(a) prepare a report that, for each type of allowance paid to members during the immediately preceding Legislative Assembly,

(i) states the total of the amounts paid during the period,

(ii) describes any administrative or interpretive issues that arose in the administration of the allowance, and

(iii) verifies whether the amounts were paid in compliance with this Part and the regulations under this Part;

(b) arrange for the report to be audited by the Auditor General; and

(c) submit the report, together with the auditor's opinion, to the Speaker.

Report to be tabled

52.6.1(2)   The Speaker must table a copy of the report, together with the auditor's opinion, in the Assembly on any of the first 15 days on which the Assembly is sitting after the Speaker receives the report.

Report to be distributed and made public

52.6.1(3)   The Speaker must also ensure that, within 15 days after receiving it, the report, together with the auditor's opinion,

(a) is distributed to the members and to the commissioner appointed under section 52.7; and

(b) after being distributed to the members, is posted on the Assembly's website.

3           Subsection 52.7(4) is replaced with the following:

Procedure and matters to consider

52.7(4)     When conducting a review, the commissioner

(a) must take into account the audited compliance report made under section 52.6.1 after the most recent general election; and

(b) may consult with interested individuals and groups.

4           The following is added after section 52.7:

Interim commissioner for allowances

52.7.1(1)   On the coming into force of this section, the last commissioner to be appointed under section 52.7 is appointed as an allowances commissioner with the following mandate:

(a) to review the Auditor General's 2009 annual report as it relates to members' allowances established by regulation under section 52.12;

(b) to decide what regulations, or amendments to existing regulations, should be made in order to implement the recommendations contained in the Auditor General's report; and

(c) without limiting the generality of clause (b), to make regulations requiring details about members' allowances to be published at least quarterly by posting them on the Assembly's website, and prescribing the details to be published.

Consultation

52.7.1(2)   The allowances commissioner may consult with interested individuals and groups when conducting the review.

Report

52.7.1(3)   Within four months after being appointed, or any longer period of time allowed by the Speaker, the allowances commissioner must submit a report to the Speaker setting out his or her decisions under subsection (1).

Report to be tabled

52.7.1(4)   The Speaker must table a copy of the allowances commissioner's report in the Assembly on any of the first 15 days on which the Assembly is sitting after the Speaker receives the report.

Regulations

52.7.1(5)   The allowances commissioner must, without delay after submitting his or her report to the Speaker, make any regulations the commissioner considers necessary or desirable to implement his or her decisions under subsection (1).

5           Section 52.14 is amended by adding "and on the Assembly's website" after "Gazette".

6           Section 52.22 is amended by adding the following as subsection 52.22(6):

Restriction — non-arm's length expenses

52.22(6)    Despite subsections (1), (3) and (4), a member who incurs a non-arm's length expense, as defined in the regulations made under this Part, in relation to the printing or mailing of material is not entitled to have the expense paid or reimbursed by the government.

7           The following is added after section 52.28 as part of Part 2:

Members' Allowances Office

52.29       Subject to the regulations, the office commonly known as the "Members' Allowances Office" is responsible for administering, under the supervision of the Clerk of the Assembly, the regulations respecting members' allowances, remuneration and retirement benefits.

PART 2

THE LEGISLATIVE ASSEMBLY MANAGEMENT COMMISSION ACT

C.C.S.M. c. L114 amended

8           This Part amends The Legislative Assembly Management Commission Act.

9           The following is added after section 5:

Minutes of meeting

5.1(1)      Within 30 days after each meeting of the commission, the Speaker must approve minutes that record the decisions of the commission at that meeting.  Before approving the minutes, the Speaker must review them with the house leaders.

Minutes to be distributed and made public

5.1(2)      Subject to subsections (3) and (4), the Speaker must ensure that, within 15 days after approving the minutes,

(a) copies of the minutes are distributed to the members; and

(b) after they are distributed to members, a copy of the minutes is posted on the Assembly's website.

Protection of confidential information

5.1(3)      A decision about any of the following matters must not be included in the minutes that are circulated or posted under subsection (2) and must not be disclosed to, or made available for inspection by, any member of the public:

(a) a personnel matter relating to one or more employees of the Assembly or to one or more assembly offices;

(b) a legal matter involving existing or anticipated legal proceedings;

(c) a matter relating to the preparation of annual estimates of expenditure of the Assembly and the assembly offices.

Protection of privacy

5.1(4)      The Speaker must ensure that the minutes circulated or posted under subsection (2) do not contain information that identifies an individual.

PART 3

COMING INTO FORCE

Coming into force

10          This Act comes into force on the day it receives royal assent.