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The Legislative Assembly Act

C.C.S.M. c. L110

The Legislative Assembly Act

1 Definitions
PART 1
COMPOSITION OF LEGISLATURE
2 Composition of Legislature
COMPOSITION AND DURATION OF ASSEMBLY
3(1) Composition of assembly
(2) Representation of electoral divisions
4(1) Duration of assembly
(2) Interpretation
5 Session once a year
6(1) Assembly not dissolved by demise of Crown
(2) Prerogative saved
7 Prorogation of Legislature
QUORUM
8 Quorum
SPEAKER'S VOTE
9 Decision of questions in assembly
QUALIFICATION OF MEMBERS
10 Oath or affirmation of members
11 Senators, M.P.s etc. ineligible
12 Certain office holders ineligible
13 Exception respecting members of Executive Council
14 Exception respecting judicial officers
15 Exception respecting Speaker and Deputy Speaker
16(1) Acceptance of payments by members
(2) Exception under section 44 of Civil Service Act
17(1) Exceptions
(2) General exception
(3) Questions arising under this section
18(1) Conviction of member
(2) Ineligibility for indemnities, etc.
(3) Removal of ineligibility
(4) Authority to pay withheld indemnities
(5) Pro-rating of sessional payments for subsec. (2)
19 Election of ineligible person void
20(1) Seat vacant on disqualification
(2) How vacancy treated
(3) May be re-elected
21 Penalty for disqualified persons sitting in assembly
VACATING OF SEATS
22 Resignation of member
23 Resignation when no Speaker
24 Duty of Speaker or two members receiving resignation
25 Notice of vacancy caused in any other way than by resignation
26 Vacancy before first session of a Legislature
27 Vacancies to be filled within one year
THE SPEAKER
28(1) Election of Speaker
(2) Election when vacancy
(3) Presiding officer
29(1) Deputy Speaker
(2) Acting as Speaker
30(1) Deputy Speaker acting in absence of Speaker
(2) Duration of power of deputy
31 When Speaker and Deputy Speaker both absent
31.1 Speaker continues in office following dissolution
32 Validation of proceedings
33 Validation of acts of Deputy Speaker
POWERS AND PRIVILEGES OF ASSEMBLY SUMMONING WITNESSES AND TAKING EVIDENCE
34 Power to compel attendance of witnesses
35(1) Warrant for attendance of witnesses
(2) Form of warrant
36(1) Examination on oath
(2) Administration of oath
37(1) Power of committees to examine on oath
(2) Administration of oath
38 Extra-mural examination of witnesses
39 Assembly, court of record
JURISDICTION OF ASSEMBLY
40(1) Judicial powers of assembly in certain matters
(2) Necessary and incidental powers
41 Penalty for breach of section 40
42(1) Warrant of committal upon imprisonment
(2) Speaker's warrant
43 Assembly's decision final
IMMUNITIES AND PRIVILEGES
44 No liability for act done under authority of assembly
45(1) Protection of members from actions
(2) Except for breach of Act member immune from civil arrest during session
46 Members, etc. exempt from jury service
47 Rights under Conflict of Interest Act
RESPECTING ACTIONS
48(1) Protection to person publishing report
(2) Stay of proceedings
49(1) Protection to person in publishing copy of report
(2) Stay of proceedings
50 Bona fide publication a defence
51 Journals of House as evidence
SAVING CLAUSE
52 Act not to abridge rights and privileges
GENERAL PROVISIONS
52.1(1) Assembly records
(2) Definition of "record"
52.2 Vacancy in seats not to invalidate proceedings of assembly
52.3 Debates to be grave and orderly
52.3.1 Member who crosses the floor must sit as independent
52.4 Expenses of assembly
52.5(1) Life of committees
(2) Reports of committees
(3) and (4)
(5) Referral of matter to committee by Lieutenant Governor in Council
52.5.1(1) Endorsement of assent or reservation of Act
(2) Endorsement when Act reserved
PART 2
REMUNERATION AND RETIREMENT BENEFITS
DEFINITIONS
52.6 Definitions
COMPLIANCE REPORT
52.6.1(1) Compliance report
(2) Report to be tabled
(3) Report to be distributed and made public
COMMISSIONER
52.7(1) Appointing a commissioner
(1.1) Guidelines
(2) When commissioner to be appointed
(3) Term
(4) Procedure and matters to consider
52.7.1(1) Interim commissioner for allowances
(2) Consultation
(3) Report
(4) Report to be tabled
(5) Regulations
SALARIES AND ALLOWANCES
52.8(1) Commissioner to decide salaries and allowances
(2) Items to be included
RETIREMENT BENEFITS
52.9 Commissioner to decide retirement benefits
REPORT TO THE ASSEMBLY
52.10(1) Report
(2) Extension
(3)
(4) Tabling the report in the Assembly
52.11
REGULATIONS
52.12(1) Regulations
(2) Effective date of regulations
(3) Transitional regulations
52.13(1) Amendment by management commission
(2) Amendment re retirement benefits
(3) Effective date of amending regulation
52.14 Regulations must be published
COMPUTATION RULES
52.15 Rules re commencement and termination dates
52.16(1) Speaker may recognize leaders and others
(2) When member considered to hold the position
(3) Recognition by Clerk if no Speaker
52.17 and 52.18
52.19
52.20
SEVERANCE ALLOWANCE: TRANSITIONAL PROVISIONS
52.21(1) Definition
(2) Application
(3) Severance allowance
(4) Calculation of payment
MAILING, TELEPHONE AND PRINTING PRIVILEGES
52.22(1) Mailing privileges
(2) Telephone privileges
(3) Printing privileges
(4) Privileges of new member
(4.1) Privileges cease 60 days before fixed date election
(5)
(6) Restriction — non-arm's length expenses
SUPPLIES AND ASSISTANCE PAYMENTS
52.23(1) Definition
(2) Special supplies and assistance to caucuses
(3) Special supplies and assistance to members
(3.1) Limitation on use of payments
(3.2) Guidelines or criteria apply
(4) Cost of living increase
52.23.1(1) Financial report about allowance received
(2) Form and content of report
GENERAL PROVISIONS
52.24 Approval of payments
52.25 Method of payment
52.26 Payments made without votes
52.27(1) Report on payments
(2) Report of income from Crown agencies
52.28 Regulations re Income Tax Act status of retirement benefits
52.29 Members' Allowances Office
PART 2.1
PART 3
MEMBERS' PENSIONS
69(1) Definitions
(2) Surviving common-law partner
69.1 Part not to apply to members elected after 35th Legislature
69.2 Restriction on members before dissolution of 35th Legislature
70(1) Date of becoming member
(2) Ceasing to be member after dissolution
(3) Pro rata indemnities, etc.
71(1) Entitlement to pension
(2) Effect of suspension, etc.
72(1) Calculation of pension
(2) Maximum pension
73(1)
(2) Treatment of additional remuneration
74 Cost of living increases in pension
75 Discontinuance of and re-entitlement to pension
76(1) Application to contribute
(2) Effective date of application
(3) Retroactive application during first year as member
(4) Retroactive contributions
77(1) Rate of contributions
(2) Contributions deducted by minister
(3) Contributions deducted by Crown agencies
(4) Termination of contributions on additional remuneration
78(1) Deferred pensions
(2) Adjustment of deferred pensions
79(1) Refund of contributions
(2) Remittance of refund
(3) Where contributions refunded
(4) Refund after 23.33 years as MLA
(5) Refund of certain contributions on retirement
80(1) Refund of contributions on death
(2) Refund to spouse or common-law partner on death
(3) Pension to surviving spouse or common-law partner
(4) Pension to eligible survivors
81(1) Refund of contributions after allowance begun
(2) Pension to spouse or common-law partner after death of pensioner
(3) Allowance to eligible survivors after death of pensioner
82(1) Refund of contributions after death of surviving spouse or common-law partner
(2) Allowance to eligible survivor on death of spouse or common-law partner
83 Applications
84(1) Contributions paid to Consolidated Fund
(2) Payments from Consolidated Fund
(3) Monthly payment of pensions
85 Deduction of certain group insurance premiums
86 Regulations
87(1) Administration of Part
(2) Remuneration of administrator
88 Special status for members in June, 1979
89 Continuation of contributions for indemnities only
90(1) Division of pension benefits on break-up
(2) Application of subsection (1)
(3)
(4) Married and common-law — opting out
(5)
(6) Filing of agreement
(7) Transfer of pension benefit credit
91 New relationship of member
92 New relationship of survivor
93 Effect of division on qualifying service
94 Reduction in credit on division of assets
95 Status under Income Tax Act