Français   Site Map
 
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of October 30, 2014.
It has been in effect since June 12, 2014.

Show previous versions Hide previous versions


 

C.C.S.M. c. L110

The Legislative Assembly Act

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

Definitions

1           In this Act,

"Crown agency" means any board, commission, association, or other body, whether incorporated or unincorporated, all the members of which, or of the board of management or board of directors of which,

(a) are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council, or

(b) if not so appointed, in the discharge of their duties are public officers or servants of the Crown, or for the proper discharge of their duties are directly or indirectly, responsible to the Crown,

or any corporation the election of the board of directors of which is controlled by the Crown, directly or indirectly, through ownership of the shares of the capital stock thereof by the Crown or by a board, commission, association, or other body which is a Crown agency within the meaning of this definition; (« organisme de la Couronne »)

"fiscal year" means the fiscal year of the government; (« exercice »)

"member" means a member of the Assembly; (« député »)

"official opposition" means the members of the Assembly who belong to the political party that is represented in the Assembly by the second largest number of members; (« opposition officielle »)

"recognized opposition party" means the members of the Assembly who belong to a political party that is represented in the Assembly by four or more members and that is not

(a) the political party represented in the Assembly by the largest number of members, or

(b) the official opposition; (« parti d'opposition reconnu »)

"speaker" means the Speaker of the Assembly. (« président »)

S.M. 1993, c. 53, s. 2.

PART 1

COMPOSITION OF LEGISLATURE

Composition of Legislature

2           The Legislature of the Province of Manitoba shall consist of the Lieutenant Governor and the Legislative Assembly.

COMPOSITION AND DURATION OF ASSEMBLY

Composition of assembly

3(1)        The Legislative Assembly shall be composed of 57 members elected to represent the electoral divisions into which the province is divided.

Representation of electoral divisions

3(2)        Each electoral division of the province shall be represented in the Legislative Assembly by one member.

Duration of assembly

4(1)        Every Legislative Assembly shall continue for five years from the 10th day after the day upon which polling takes place for the general election of members; but the Lieutenant Governor may at any time dissolve the assembly if he deems it advisable.

Interpretation

4(2)        The expression "the day upon which polling takes place for the general election of members" used in subsection (1) means the day upon which polling takes place generally and not the day upon which polling takes place upon an election which is deferred under The Election Act.

Session once a year

5           There shall be a session of the Legislature at least once in every year, so that 12 months shall not intervene between the last sitting of the Legislature in one session and the first sitting in the next.

Assembly not dissolved by demise of Crown

6(1)        The Legislative Assembly shall not determine or be dissolved by the demise of the Crown, but shall continue and may meet, convene and sit, proceed and act, in the same manner as if the demise had not happened.

Prerogative saved

6(2)        Nothing in this section alters or abridges the power of the Crown to prorogue or dissolve the Legislative Assembly.

Prorogation of Legislature

7           It is not necessary for the Lieutenant Governor in proroguing the Legislature to name any day to which it is prorogued, or to issue a formal proclamation for a meeting of the Legislature when it is not intended that the Legislature shall meet for the dispatch of business.

QUORUM

Quorum

8           The quorum required for the transaction of business in the Legislative Assembly is 10, of whom the Speaker may be one.

SPEAKER'S VOTE

Decision of questions in assembly

9           Questions arising in the Legislative Assembly shall be decided by a majority of votes other than those of the Speaker; and when the votes are equal, but not otherwise, the Speaker has a vote.

QUALIFICATION OF MEMBERS

Oath or affirmation of members

10          Every member of the Legislative Assembly, before taking the member's seat therein, shall take and subscribe before the Lieutenant Governor or before some person authorized by the Lieutenant Governor the following oath or affirmation of allegiance:

"I, A.B., do swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second (or as the case may be).  So help me God."  (Omit last four words where person affirms.)

R.S.M. 1987 Supp., c. 4, s. 17.

Senators, M.P.s etc. ineligible

11          No person who is a member of the Senate or the House of Commons of Canada, or who is a member of the Legislative Assembly of any other province of Canada, is eligible to be nominated for, or elected as, a member of the Legislative Assembly, or is capable of sitting or voting in the assembly.

Certain office holders ineligible

12          Except as hereinafter specially provided, no person accepting or holding any office, commission or employment, or performing any duty, in respect of which any salary, fee, payment, allowance, or emolument, is payable from the Crown in right of the province, is eligible to be nominated for, or elected as a member of, the Legislative Assembly; nor shall he sit or vote in the assembly during the time he holds the office, commission, or employment, or he is performing the duty, or the salary, payment, allowance, or emolument, is payable to him.

Exception respecting members of Executive Council

13           Notwithstanding anything in this Act or any other Act, a member of the Executive Council whether in receipt of salary, allowance, fees or remuneration or not, is not ineligible to be nominated for, or elected as, a member of the Legislative Assembly; nor is he disqualified from sitting or voting in the assembly, if he is elected while he holds such an appointment, nor shall a member of the assembly who is appointed a member of the Executive Council, whether in receipt of salary, allowance, fees or remuneration or not, by reason only of the acceptance of the appointment, vacate his seat or be disqualified from sitting or voting in the assembly.

Exception respecting judicial officers

14          Nothing in section 12 renders a justice of the peace appointed under The Provincial Court Act ineligible to be nominated for, or elected as a member of, the Legislative Assembly; but a justice of the peace who is elected as a member of the Assembly must resign from the judicial office before being eligible to sit or vote in the assembly.

S.M. 2005, c. 8, s. 19.

Exception respecting Speaker and Deputy Speaker

15          Nothing in section 12 disqualifies the Speaker or Deputy Speaker from sitting or voting in the Legislative Assembly.

Acceptance of payments by members

16(1)       A member of the assembly may accept from the government any indemnity, allowance, salary and reimbursement for expenses authorized under this Act or The Executive Government Organization Act, and reimbursement for reasonable expenses incurred by the member in transacting public business pursuant to a resolution of the assembly, or have any or all of those expenses paid for him on his behalf by the government; and nothing in this Act disqualifies the member from sitting and voting in the assembly or subjects him to penalty for accepting the indemnity, allowance, salary or reimbursement or because those expenses have been paid for him on his behalf; but nothing in this section authorizes a member to accept appointment to a statutory board, commission or body the remuneration in respect of which is paid from the Consolidated Fund or to accept remuneration or reimbursement from the government in respect of any duties performed as a member of or on the direction of any statutory board, commission or body.

Exception under section 44 of Civil Service Act

16(2)       Notwithstanding anything in this Act, or any other Act of the Legislature, a person to whom leave of absence is granted under, and who complies with, section 44 of The Civil Service Act is not ineligible to be nominated for, or elected as, a member of the Legislature, nor is he disqualified, while he is on leave of absence under section 44 of The Civil Service Act, from sitting or voting in the assembly.

S.M. 2001, c. 39, s. 31; S.M. 2008, c. 42, s. 57.

Exceptions

17(1)       Nothing in this Act renders any person ineligible to be nominated for, or elected as a member of, the Legislative Assembly, or disqualifies the person from sitting or voting in the assembly, by reason only of the person

(a) having been, before being elected as a member, an employee of a Crown agency which is engaged in a commercial enterprise, and having been covered by a collective agreement between that Crown agency and a bargaining agent for a unit of employees which included the person, continuing his employment with the Crown agency under the terms and conditions of the collective agreement; or

(b) being an issuer of marriage licences, a division registrar or a deputy division registrar under The Vital Statistics Act, a person authorized to register motor vehicles and issue drivers' licences under The Drivers and Vehicles Act, a person authorized to issue permits under The Highway Traffic Act, a licensee under The Liquor and Gaming Control Act, or the issuer of licences and permits under The Fisheries Act or The Wildlife Act, and paid fees in connection therewith; or

(c) receiving a commission for the collection of any tax imposed under an Act of the Legislature where the person is required under that Act to collect the tax in the ordinary course of business and the commission is received in conformity with that Act and the regulations made thereunder; or

(d) entering into an agreement, under any Act of the Legislature imposing a tax, for the collection of the tax, and receiving a commission pursuant to any such agreement, where the person is required under that Act to collect the tax in the ordinary course of business and the agreement and the commission are in conformity with that Act and the regulations made thereunder; or

(e) entering into an agreement with The Manitoba Public Insurance Corporation to act as agent for that corporation in respect of, and receiving commmissions for, the issuing and sale of insurance under The Manitoba Public Insurance Corporation Act; or

(f) being a member of the Law Society of Manitoba and receiving fees and disbursements for furnishing legal aid under The Legal Aid Manitoba Act; or

(g) being a medical practitioner and receiving fees, benefits or other remuneration under an agreement made in accordance with The Health Services Insurance Act; or

(h) being a medical examiner appointed under The Fatality Inquiries Act.

General exception

17(2)       Nothing in this Act renders any person ineligible to be nominated for, or elected as, a member of the Legislative Assembly, or disqualifies him from sitting or voting in the Assembly, by reason of the person holding office, at the time of his nomination for, or election as, a member of the Legislative Assembly, as a member of a statutory board, commission or body the remuneration in respect of which is paid from the Consolidated Fund, or by reason of having accepted remuneration or reimbursement from the government in respect of any duties performed as a member of or on the direction of a statutory board, commission or body

(a) if the person does not act as a member of the statutory board, commission or body after the day fixed for nominations for the election for which he is nominated or at which he is elected, and

(b) if he remits to the government all moneys which he received by way of remuneration or reimbursement in respect of any duties performed after the day on which the Writ of Election was issued for that election, as a member of or on the direction of the statutory board, commission or body;

and this subsection shall be deemed always to have been the law.

Questions arising under this section

17(3)        Where a question arises as to whether subsection (1) or (2) applies in respect of a member of the assembly, the member or any other member of the assembly may refer the question to the Standing Committee of the Assembly on Legislative Affairs which shall determine the question and the determination of the committee is final and binding on all persons.

S.M. 2000, c. 26, s. 60; S.M. 2004, c. 42, s. 105; S.M. 2004, c. 50, s. 18; S.M. 2005, c. 37, Sch. A, s. 156; S.M. 2013, c. 51, Sch. B, s. 194.

Conviction of member

18(1)       Subject to subsection (3), where a member is convicted of an indictable offence for which he is sentenced to imprisonment for a term of five years or more, he is ineligible to sit or vote as a member, and

(a) if, on the expiry of the time allowed for bringing an appeal of the conviction or of any decision of a court upholding the conviction in an appeal of the conviction, he has not commenced an appeal of the conviction or of the decision, as the case may be; or

(b) if on an appeal of the conviction, or of a decision upholding the conviction, to a court from which there is no further appeal, the court upholds the conviction;

the member is disqualified as a member and his seat is vacated.

Ineligibility for indemnities, etc.

18(2)       Where subsection (1) applies to a member, he shall not be paid any indemnity or allowance under this Act for or in respect of the period during which he is ineligible to sit or vote as a member.

Removal of ineligibility

18(3)       Where a conviction mentioned in subsection (1) is set aside by a court of competent jurisdiction or a court of competent jurisdiction reduces the sentence to less than five years imprisonment, the ineligibility of the member to sit or vote as a member or to receive indemnities and allowances is terminated.

Authority to pay withheld indemnities

18(4)       Where a conviction mentioned in subsection (1) is set aside by a court of competent jurisdiction, the assembly may, by resolution, authorize the payment to the member affected of any indemnity or allowance, or a part thereof, withheld from the member under subsection (2).

Pro-rating of sessional payments for subsec. (2)

18(5)       For the purpose of applying subsection (2), any indemnity or allowance payable under this Act for or in respect of a session of the assembly shall be conclusively deemed to be earned during the session and where he is ineligible to sit or vote as a member for part of the session, he shall not be paid a pro-rata portion of the indemnity or allowance for that part of the session.

Election of ineligible person void

19          Where a person ineligible to be nominated for, or elected as, a member of the Legislative Assembly is nevertheless elected and returned as a member, his election and return is void.

Seat vacant on disqualification

20(1)       Where a member of the Legislative Assembly becomes disqualified from sitting or voting in the assembly under section 11 or 12 or becomes disqualified from office under The Legislative Assembly and Executive Council Conflict of Interest Act, his election becomes void and his seat is vacated.

How vacancy treated

20(2)       In any case mentioned in subsection (1) the vacancy shall be treated as one occurring through death.

May be re-elected

20(3)       Notwithstanding anything in this section, the person may be re-elected if he is eligible.

Penalty for disqualified persons sitting in assembly

21          Where a person ineligible to be nominated for, or elected as, a member of the Legislative Assembly or disqualified from sitting or voting in the assembly, sits or votes therein or continues to sit or vote, as the case may be, he is guilty of an offence and is liable, on summary conviction, to a fine of $200. for each and every day on which he so sits or votes.

VACATING OF SEATS

Resignation of member

22          Any member of the Legislative Assembly may resign his seat,

(a) by giving, in his place in the assembly, notice of his intention to resign, in which case, after the notice has been entered by the clerk of the assembly in the journals, the seat of the member thereupon becomes vacant; or

(b) by addressing and causing to be delivered to the Speaker a declaration of his intention to resign, made in writing under his hand before two witnesses, which declaration may be so made and delivered either before or during a session of the Legislature, or in the interval between two sessions, and upon receipt thereof by the Speaker the seat of the member thereupon becomes vacant.

Resignation when no Speaker

23          Where a member of the Legislative Assembly wishes to resign his seat, during or before a session of the Legislature, or in the interval between two sessions and there is then no Speaker, or the Speaker is absent from the province, or the member is himself the Speaker, he may address and cause to be delivered to any two members of the assembly the declaration mentioned in clause 22(b); and upon the receipt thereof by the two members the seat of the member thereupon becomes vacant.

Duty of Speaker or two members receiving resignation

24          Upon receiving the notice of intention or the declaration the Speaker or the two members of the Legislative Assembly, as the case may be, shall forthwith address a request to the Lieutenant Governor in Council for the passing of an order in council for the filling of the vacancy under The Election Act.

Notice of vacancy caused in any other way than by resignation

25          In the case of a vacancy in the representation of an electoral division created in any other way than by resignation, any two members of the Legislative Assembly may give notice of the vacancy to the Lieutenant Governor in Council and request the passing of an order in council for the filling of the vacancy under The Election Act.

S.M. 2006, c. 15, Sch. A, s. 206.

Vacancy before first session of a Legislature

26          If a vacancy of the kind mentioned in section 25 occurs subsequently to a general election and before the first meeting of the Legislature thereafter, the notice and request to the Lieutenant Governor in Council may be given by two members of the Legislative Assembly of whose election the Clerk of the Executive Council has had due notice.

Vacancies to be filled within one year

27          No vacancy in the representation of an electoral division shall remain unfilled for more than one year.

THE SPEAKER

Election of Speaker

28(1)       The Legislative Assembly, on its first assembling after a general election, shall proceed with all practicable speed to elect one of its members to be Speaker.

Election when vacancy

28(2)       In case of a vacancy happening in the office of Speaker by death, resignation, or otherwise, the assembly shall proceed with all practicable speed to elect another of its members to be Speaker.

Presiding officer

28(3)       The Speaker shall preside at all meetings of the assembly.

Deputy Speaker

29(1)       The Legislative Assembly may elect a Deputy Speaker, and in any case where the Speaker, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the assembly in any day, he may call upon the Deputy Speaker, or in his absence upon any member of the assembly to take the chair and act as Speaker during the remainder of the day, unless the Speaker himself resumes the chair before the close of the sittings of that day.

Acting as Speaker

29(2)       The Deputy Speaker or member so called upon shall take the chair and act as Speaker accordingly.

Deputy Speaker acting in absence of Speaker

30(1)       Where the Legislative Assembly is informed by the clerk at the table, of the absence of the Speaker, the Deputy Speaker, if present, shall take the chair and shall perform the duties and exercise the authority of the Speaker in relation to all proceedings of the assembly until the meeting of the assembly on the next sitting day, and so on from day to day on the like information being given to the assembly, until the assembly otherwise orders.

Duration of power of deputy

30(2)       Where the assembly adjourns for more than 24 hours, the Deputy Speaker shall continue to perform the duties and exercise the authority of the Speaker for 24 hours only after the adjournment.

When Speaker and Deputy Speaker both absent

31          Where the Legislative Assembly is informed by the clerk at the table of the absence of the Speaker and the Deputy Speaker, the assembly may elect a member to take the chair and act as Speaker for that day.

Speaker continues in office following dissolution

31.1        The person who is the Speaker at the time of a dissolution of the Legislative Assembly continues to hold office as Speaker until a Speaker is elected by the new Assembly.

S.M. 2007, c. 3, s. 2.

Validation of proceedings

32          Where, at any time during a session of the Legislative Assembly, the Speaker is absent from the assembly, and the Deputy Speaker or a member thereupon performs the duties and exercises the authority of the Speaker as hereinbefore provided, or pursuant to the rules or other order, or a resolution of the assembly, every act done and proceeding taken in or by the assembly, in the exercise of its powers and authority, is as valid and effectual as if the Speaker himself were in the chair.

Validation of acts of Deputy Speaker

33          Every act done, and warrant, order, or other document issued, signed, or published, by the Deputy Speaker or member acting as hereinbefore provided in relation to any proceedings of the Legislative Assembly, or which under any statute would be done, issued, signed, or published, by the Speaker if then present and acting, has the same effect and validity as if it had been done, issued, signed or published, by the Speaker himself.

POWERS AND PRIVILEGES OF ASSEMBLY SUMMONING WITNESSES AND TAKING EVIDENCE

Power to compel attendance of witnesses

34          The Legislative Assembly may, at all times, command and compel the attendance before it or any committee thereof, of such persons, and the production of such papers and things, as the assembly or committee may deem necessary for any of its proceedings or deliberation.

Warrant for attendance of witnesses

35(1)       Where the Legislative Assembly requires the attendance of any person before the assembly or before any committee thereof, the Speaker may issue a warrant or subpoena to the person named in the order of the assembly, requiring the attendance of the person before the assembly or a committee thereof and the production of such papers and things as are ordered.

Form of warrant

35(2)       Every warrant may command the aid and assistance of all sheriffs, bailiffs, constables, and others, and any refusal or failure to give aid and assistance, when required, is a contravention of this Act.

Examination on oath

36(1)       The Legislative Assembly may examine on oath any witness at the bar of the assembly.

Administration of oath

36(2)       The oath may be administered by the Speaker.

Power of committees to examine on oath

37(1)       Any standing or select committee of the Legislative Assembly to which any bill, or other matter or cause, has been referred by the assembly, may examine witnesses upon oath upon matters relating to the bill, matter or cause.

Administration of oath

37(2)       The chairman or any member of the committee may administer the oath to any witness.

Extra-mural examination of witnesses

38          Where the evidence of any person is required in connection with any matter that is the subject of inquiry by the Legislative Assembly or any committee thereof, and it is necessary to take his evidence outside the assembly or committee, the Speaker, when thereunto authorized by a resolution of the assembly, may make an order for the examination, upon oath before any person, at any place, of such person.

Assembly, court of record

39          The assembly is a court of record and possesses all the rights, powers, and privileges, of a court of record for the purposes of sections 34 to 37.

JURISDICTION OF ASSEMBLY

Judicial powers of assembly in certain matters

40(1)       The Legislative Assembly has the rights, powers, and privileges, of a court for the purpose of summarily inquiring into and punishing, as breaches of privilege or as contempt of court, the acts, matters, and things, following:

(a) assaults, insults to, or libels upon, members of the assembly during the session of the Legislature;

(b) obstructing, threatening, or attempting to coerce or intimidate, members of the assembly;

(c) the offering of a bribe to, or acceptance of, a bribe by, any member of the assembly to influence him in his proceedings as such, or the offering of any compensation to, or acceptance of any compensation by, any member for, or in respect of the promotion of any bill, resolution, matter, or thing, submitted to, or intended to be submitted to, the assembly or any committee thereof;

(d) assaults upon, or interference with, officers of the assembly, while in the execution of their duty;

(e) tampering with any witness in regard to evidence to be given by him before the assembly or any committee thereof;

(f) presenting to the assembly or any committee thereof any forged or falsified document with intent to deceive the assembly or committee;

(g) forging, falsifying, or unlawfully altering, any of the records of the assembly, or of any committee thereof, or any document or petition presented or filed, or intended to be presented or filed, before the assembly or committee, or the setting or subscribing by any person, of the names of any other person to any document or petition with intent to deceive;

(h) giving false evidence, or prevaricating or otherwise misbehaving in giving or refusing to give evidence or produce papers, before the assembly or any of its committees;

(i) disobedience to subpoenas or warrants issued under the authority of this Act to compel the attendance of witnesses before the assembly or any of its committees;

(j) the bringing of any civil action or prosecution against, or the causing or effecting of any arrest or imprisonment of, any member of the assembly, for or by reason of any matter or thing brought by him by petition, bill, resolution, motion, or otherwise, or by reason of anything said by him before the assembly;

(k) the causing or effecting of the arrest, detention, or molestation, of any member of the assembly for any debt or cause whatever of a civil nature, during any session of the Legislature.

Necessary and incidental powers

40(2)       For the purposes of this Act, the assembly possesses all such powers and jurisdiction as may be necessary or expedient for inquiring into, judging, and pronouncing upon, the commission or doing of any of the acts, matters, or things, and awarding and carrying into execution the punishment thereof, provided for by this Act.

S.M. 1989-90, c. 90, s. 22.

Penalty for breach of section 40

41          Every person who, upon such an inquiry, appears to have committed or done any of the acts, matters, or things, mentioned in section 40, in addition to any other penalty or punishment to which he is by law subject, is liable to an imprisonment for such time as is determined by the assembly.

Warrant of committal upon imprisonment

42(1)       Where the Legislative Assembly declares that any person has been found guilty of any breach of privilege or of a contempt in respect of the acts, matters, and things, mentioned in section 40, and directs that the person be kept and detained in the custody of the Sergeant-at-Arms attending the assembly, the Speaker shall issue his warrant to the Sergeant-at-Arms to take the person into custody in accordance with the order of the assembly.

Speaker's warrant

42(2)       Where the assembly directs that the imprisonment be in a correctional institution, the Speaker shall issue his warrant to the Sergeant at Arms and to the governor or keeper of the correctional institution, commanding the Sergeant at Arms to take the person into custody and to deliver him to the governor or keeper to receive and keep and detain him in custody in accordance with the order of the assembly.

Assembly's decision final

43          The determination of the Legislative Assembly upon any proceedings under this Act is final and conclusive.

IMMUNITIES AND PRIVILEGES

No liability for act done under authority of assembly

44          No person is liable in damages or otherwise for any act done under the authority of the Legislative Assembly and within its legal power or under or by virtue of any warrant or subpoena issued under that authority.

Protection of members from actions

45(1)       No member of the Legislative Assembly is liable to any civil action or prosecution, arrest, imprisonment, or damages,

(a) by reason of any matter or thing brought by him by petition, bill, resolution, motion, or otherwise; or

(b) by reason of anything said by him before the assembly or any committee thereof.

Except for breach of Act member immune from civil arrest during session

45(2)       Except for a contravention of this Act, or The Legislative Assembly and Executive Council Conflict of Interest Act, no member of the Legislative Assembly is liable to arrest, detention, or molestation, for any debt or cause whatever of a civil nature during any session of the Legislature.

Members, etc. exempt from jury service

46          All members, officers, and employees, of the Legislative Assembly and all witnesses summoned to attend before the assembly or any committee thereof, are exempt from attending or serving as jurors before any court in the province during any session of the Legislature.

Rights under Conflict of Interest Act

47          Nothing in sections 40 to 46

(a) shall be interpreted to abridge or deny any duty imposed, or any right, privilege or power granted, under The Legislative Assembly and Executive Council Conflict of Interest Act; or

(b) authorizes the Legislative Assembly to inquire into the conduct of any court proceeding under The Legislative Assembly and Executive Council Conflict of Interest Act or to punish any person for initiating or participating in any court proceeding under that Act.

RESPECTING ACTIONS

Protection to person publishing report

48(1)       Where a civil proceeding against any person is commenced for or in respect of the publication of any report, paper, votes, or proceedings, of the Legislative Assembly published by the person by or under the authority of the assembly, the person may lay before the court in which the proceeding is pending a certificate under the hand of the Speaker, or of the clerk of the assembly, stating that the report, paper, votes, or proceedings, in respect to which the proceedings or prosecution was commenced was published by the person by order or under the authority of the assembly, and the certificate shall be verified by an affidavit.

Stay of proceedings

48(2)       The court shall thereupon immediately stay the proceeding or prosecution, and it shall be finally put an end to, determined, and superseded.

Protection to person in publishing copy of report

49(1)       Where a civil proceeding against any person is commenced for or in respect of the publication of a copy of any report, paper, votes, or proceedings, of the Legislative Assembly, the defendant at any stage of the proceedings may lay before the court the report, paper, votes, or proceedings, and the copy, with an affidavit verifying the report, paper, votes, or proceedings, and the correctness of the copy.

Stay of proceedings

49(2)       The court shall thereupon immediately stay the proceeding or prosecution, and it shall be finally put an end to, determined, and superseded.

Bona fide publication a defence

50          In any civil proceeding against any person for publishing any extract from, or abstract of, any report, paper, votes, or proceedings, of the Legislative Assembly, if the defendant shows that the extract or abstract was published bona fide and without malice it is a good defence to the proceeding.

Journals of House as evidence

51          A copy of the journals of the Legislative Assembly, printed or purporting to be printed by order of the assembly, shall be admitted as evidence of the journals by all courts, justices, and others, without any proof being given that the copies were so printed.

SAVING CLAUSE

Act not to abridge rights and privileges

52          Except so far as is provided in this Act, nothing herein deprives the Legislative Assembly, or any committee or member thereof, of any rights, immunities, privileges, or powers, that the assembly, committee, or member might, but for this Act, have been entitled to exercise or enjoy.

GENERAL PROVISIONS

Assembly records

52.1(1)     Notwithstanding The Freedom of Information and Protection of Privacy Act or any other Act, every record relating to a member or to the administration of the Assembly that is in the possession of a department or branch of the executive government or a Crown agency is deemed to be and always to have been in the sole custody and under the sole control of the Assembly.

Definition of "record"

52.1(2)     In subsection (1), "record" means any kind of recorded information regardless of its physical form or characteristics.

S.M. 1993, c. 53, s. 4; S.M. 1999, c. 18, s. 15.

Vacancy in seats not to invalidate proceedings of assembly

52.2        No omission or failure to elect a member or members in or for any electoral division, and no vacating of the seat or voiding of the election of any member or members, shall be deemed or taken to make the Legislative Assembly incomplete, or to invalidate any proceedings thereof, or to prevent the assembly from meeting and dispatching business, so long as there is a quorum of members present.

S.M. 1993, c. 53, s. 9.

Debates to be grave and orderly

52.3        To the end that all the debates in the Legislative Assembly be grave and orderly, and that all interruptions be prevented,

(a) if any member of the assembly makes any disturbance or acts in a disorderly manner whilst any member is orderly debating, or whilst any bill, order or other matter is being read or dealt with, the Speaker shall call upon the member by name making such disturbance;

(b) if the member does not thereupon refrain from the disturbance or disorderly conduct, and does not forthwith make due amends to the assembly therefor, the Speaker shall thereupon censure the member and shall direct him to be taken into custody by the Sergeant-at-Arms and detained in such custody for such period as the Speaker orders;

(c) if the assembly is in committee of the whole when any such disorder or disturbance takes place, the committee shall forthwith rise, report progress and ask leave to sit again, and the chairman shall inform the Speaker of the fact of the disorder or disturbance, whereupon the Speaker shall deal therewith in the manner hereinbefore provided for as fully and effectually and in all respects as if the disorder or disturbance had taken place while he was occupying the chair.

S.M. 1993, c. 53, s. 9.

Member who crosses the floor must sit as independent

52.3.1      A member who

(a) is elected with the endorsement of a political party; and

(b) ceases to belong to the caucus of that party during the term for which he or she was elected;

must sit in the Assembly as an independent and is to be treated as such for the purposes of this Act and all proceedings in the Assembly during the remainder of the member's term.

S.M. 2006, c. 15, Sch. E, s. 1; S.M. 2010, c. 33, s. 31.

Expenses of assembly

52.4        All expenses incurred in connection with the conduct of the business of the assembly, including expenses of meetings of any committee of the assembly, shall be paid from and out of the Consolidated Fund with moneys authorized under an Act of the Legislature to be so paid and applied.

S.M. 1993, c. 53, s. 9.

Life of committees

52.5(1)     Each standing committee of the assembly continues as a committee of the assembly until dissolution of the assembly and each other committee of the assembly, whether select or special, appointed and constituted by the assembly continues as a committee of the assembly until

(a) dissolution of the assembly; or

(b) the first sitting of the session immediately following the session at which the committee was constituted; or

(c) the committee is dissolved by resolution of the assembly;

whichever occurs first; and any committee, whether standing, select or special, may meet and conduct its business during recess and after prorogation as long as it continues as a committee.

Reports of committees

52.5(2)     A report of a committee of the assembly may be received in the assembly after the committee has ceased to exist.

52.5(3) and (4)  [Repealed] S.M. 2004, c. 42, s. 35.

Referral of matter to committee by Lieutenant Governor in Council

52.5(5)     The Lieutenant Governor in Council may refer a matter to a committee of the assembly, whether standing, select or special, for consideration and report, and the report of the committee with respect to the matter shall be made to the assembly and to the Lieutenant Governor in Council.

S.M. 1993, c. 53, s. 9; S.M. 2004, c. 42, s. 35.

Endorsement of assent or reservation of Act

52.5.1(1)   The Clerk of the Assembly shall enter on every Act of the Legislature, immediately after its title, the day, month and year when it was assented to or reserved by the Lieutenant Governor.

Endorsement when Act reserved

52.5.1(2)   When an Act is reserved, the clerk shall also enter the day, month and year when the Lieutenant Governor signifies — either by speech or message to the Assembly or by proclamation — that it was laid before the Governor General in Council and that the Governor General in Council assented to it, and the entry shall be part of the Act.

S.M. 2000, c. 26, s. 60.

PART 2

REMUNERATION AND RETIREMENT BENEFITS

DEFINITIONS

Definitions

52.6        In this Part,

"commissioner" means the commissioner appointed under section 52.7; (« commissaire »)

"management commission" means the Legislative Assembly Management Commission continued under The Legislative Assembly Management Commission Act; (« Commission de régie »)

"member of the Executive Council" means a person appointed to the Executive Council under The Executive Government Organization Act. (« membre du Conseil exécutif »)

S.M. 1993, c. 53, s. 5; S.M. 2002, c. 57, s. 2.

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 for the period consisting of all fiscal years that ended during the immediately preceding Legislative Assembly,

(i) states the total of the amounts paid for 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.

S.M. 2009, c. 41, s. 2; S.M. 2010, c. 33, s. 31; S.M. 2011, c. 35, s. 27.

COMMISSIONER

Appointing a commissioner

52.7(1)     The management commission must appoint a commissioner whose responsibility it is

(a) to decide on the appropriate salary, allowances and retirement benefits for members; and

(b) to make regulations to implement them.

Guidelines

52.7(1.1)   The management commission may set criteria or guidelines for the commissioner to follow in making decisions under this Part.

When commissioner to be appointed

52.7(2)     A commissioner is to be appointed within six months after each general election. But if a general election is held less than 42 months after the last general election, the management commission may defer the appointment of a commissioner until after the next general election.

Term

52.7(3)     The term of office of a commissioner ends one year after the day the regulations made by the commissioner under section 52.12 are made or come into force, whichever is later.

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.

S.M. 1993, c. 53, s. 5; S.M. 1998, c. 19, s. 2; S.M. 2002, c. 57, s. 2; S.M. 2004, c. 44, s. 2; S.M. 2009, c. 41, s. 3.

52.7.1      [Repealed]

S.M. 2009, c. 41, s. 4; S.M. 2011, c. 35, s. 27.

SALARIES AND ALLOWANCES

Commissioner to decide salaries and allowances

52.8(1)     The commissioner must make decisions about the following:

1.

The annual salary for members.

2.

The additional salary for members who hold the following positions:

(a) the Speaker and Deputy Speaker;

(b) the leader of the official opposition and leader of a recognized opposition party;

(c) the elected deputy chairperson or other deputy chairperson of the Committee of the Whole House;

(d) the elected permanent chairperson and vice-chairperson of a standing or special committee;

(e) the government house leader, house leader of the official opposition and house leader of a recognized opposition party;

(f) the government whip, whip of the official opposition and whip of a recognized opposition party;

(g) legislative assistant to a member of the Executive Council.

3.

The additional salary for members of the Executive Council.

4.

The additional living allowance for members who represent electoral divisions wholly or partly outside the City of Winnipeg, and the circumstances in which it is to be paid.

5.

The additional constituency allowance for access and service to constituents, and the circumstances in which it is to be paid.

6.

The additional allowance for members for travel, a vehicle allowance and mileage, and related expenses, and the circumstances in which it is to be paid.

7.

The severance allowance for members who are not entitled to a severance allowance under section 52.21, and the circumstances in which it is to be paid.

8.

The additional allowance, if any, for members of a standing or special committee for attending meetings during periods that the Assembly is not in session, or when a committee meets outside Winnipeg.

9.

Any other salary or allowance for expenses the commissioner considers should be paid to members, and the circumstances in which it is to be paid.

Items to be included

52.8(2)     The commissioner must also decide, in relation to salaries and allowances,

(a) when and how they are to be paid;

(b) the period for which they are to be paid;

(c) the circumstances and manner in which they are to be prorated;

(d) whether they are to be adjusted for changes in the cost of living and, if so, when and how;

(e) what information about salaries and allowances is to be disclosed to the public; and

(f) any other matter the commissioner considers necessary or desirable.

S.M. 1993, c. 53, s. 5; S.M. 2002, c. 57, s. 2; S.M. 2004, c. 44, s. 3.

RETIREMENT BENEFITS

Commissioner to decide retirement benefits

52.9        The commissioner must make decisions about

(a) retirement benefits for members and former members, including the nature and amount of those benefits and how they are to be provided, and contributions toward those benefits; and

(b) disclosure to the public of information about retirement benefits.

S.M. 1993, c. 53, s. 5; S.M. 2002, c. 57, s. 2; S.M. 2004, c. 44, s. 4; S.M. 2005, c. 44, s. 2.

REPORT TO THE ASSEMBLY

Report

52.10(1)    Within six months after being appointed, the commissioner must submit a report to the Speaker setting out his or her decisions under sections 52.8 (salaries and allowances) and 52.9 (retirement benefits).

Extension

52.10(2)    The Speaker may extend the six-month reporting period in subsection (1).

52.10(3)    [Repealed] S.M. 2004, c. 44, s. 5.

Tabling the report in the Assembly

52.10(4)    The Speaker must table a copy of the 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.

S.M. 1993, c. 53, s. 5; S.M. 2002, c. 57, s. 2; S.M. 2004, c. 44, s. 5.

52.11       [Repealed]

S.M. 1993, c. 53, s. 5; S.M. 2002, c. 57, s. 2; S.M. 2004, c. 44, s. 6.

REGULATIONS

Regulations

52.12(1)    The 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.

Effective date of regulations

52.12(2)    Regulations made by the commissioner come into force on the day specified in the regulations, which may not be earlier than election day of the last general election before the commissioner's appointment.

Transitional regulations

52.12(3)    Regulations made under this section may provide for any transitional matters that the commissioner considers necessary or desirable, but cannot abrogate rights that have vested under any retirement plan or arrangement under this Act.

S.M. 1993, c. 53, s. 5; S.M. 2002, c. 57, s. 2; S.M. 2004, c. 44, s. 7; S.M. 2014, c. 32, s. 15.

Amendment by management commission

52.13(1)    The management commission may amend a regulation made under section 52.12 if

(a) the amendment is of an administrative or technical nature; or

(b) the management commission considers the amendment necessary to address unforeseen circumstances arising after the last commissioner's report was submitted to the Speaker under section 52.10.

Amendment re retirement benefits

52.13(2)    At any time, the management commission may amend the regulations made under section 52.12 that deal with retirement benefits to ensure harmonization with other legislation.

Effective date of amending regulation

52.13(3)    A regulation made by the management commission may be made retroactive to a date specified in the regulation.

S.M. 1993, c. 53, s. 5; S.M. 2002, c. 57, s. 2; S.M. 2004, c. 44, s. 8; S.M. 2007, c. 3, s. 3.

Statutes and Regulations Act does not apply

52.14       The Statutes and Regulations Act does not apply to regulations made under this Part, but they must be published on the Assembly's website.

S.M. 1993, c. 53, s. 5; S.M. 2002, c. 57, s. 2; S.M. 2009, c. 41, s. 5; S.M. 2013, c. 39, Sch. A, s. 69.

COMPUTATION RULES

Rules re commencement and termination dates

52.15       The following rules apply in determining a member's entitlement to salary and allowances:

1.

A member is entitled to be paid the salary described in item 1 of subsection 52.8(1) as of the day of general polling in the election in which he or she is elected, and ceases to be entitled on the day he or she ceases to be a member.

2.

A member is entitled to be paid the salary for a position described in item 2 of subsection 52.8(1) (an "additional position") as of the day he or she first holds the position, and ceases to be entitled on the day he or she ceases to hold the position.

3.

A member who holds an additional position, other than that of Speaker, on the day the Assembly is dissolved is deemed to continue to hold the position until the day before the day of general polling at the next general election.

4.

A member ceases to be a member

(a) on the day the member dies or resigns;

(b) when the Assembly is dissolved, on the day before the day of general polling at the next general election;

(c) if, under section 191 of The Elections Act, the member's election is declared invalid or the member is declared to not be qualified to hold office, on the day the judgment that sets out the declaration is delivered;

(d) if the member's seat is vacated under section 18 or 20 for a reason other than disqualification from office under The Legislative Assembly and Executive Council Conflict of Interest Act, on the day the Speaker determines that the seat becomes vacant; and

(e) if the member is disqualified from office under The Legislative Assembly and Executive Council Conflict of Interest Act, on the day prescribed by that Act for the disqualification to occur or, if the disqualification results from a judgment of the Court of Queen's Bench, on the day the judgment is delivered.

S.M. 1993, c. 53, s. 5; S.M. 1998, c. 19, s. 3; S.M. 2002, c. 57, s. 2; S.M. 2006, c. 15, Sch. A, s. 206; S.M. 2007, c. 3, s. 4.

Speaker may recognize leaders and others

52.16(1)    The Speaker may recognize a member as holding the position of

(a) leader of the official opposition or leader of a recognized opposition party;

(b) government house leader, house leader of the official opposition or house leader of a recognized opposition party; and

(c) government whip, whip of the official opposition or whip of a recognized opposition party.

When member considered to hold the position

52.16(2)    The Speaker may recognize a member as holding a position under subsection (1) retroactively to any day after the predecessor in that position ceased to hold the position.

Recognition by Clerk if no Speaker

52.16(3)    If there is no Speaker and the Legislature is not in session, the Clerk of the Assembly may recognize a member under this section.

S.M. 1993, c. 53, s. 5; S.M. 2002, c. 57, s. 2.

52.17 and 52.18  [Repealed]

S.M. 1993, c. 53, s. 5; S.M. 2002, c. 57, s. 2.

52.19       [Repealed]

S.M. 1993, c. 53, s. 5; S.M. 1999, c. 7, s. 2; S.M. 2002, c. 24, s. 37; S.M. 2002, c. 57, s. 2.

52.20       [Repealed]

S.M. 1993, c. 53, s. 5; S.M. 2002, c. 57, s. 2.

SEVERANCE ALLOWANCE: TRANSITIONAL PROVISIONS

Definition

52.21(1)    In this section, "pay" means the annual salary described in item 1 of subsection 52.8(1).

Application

52.21(2)    This section applies only to members of the 35th Legislature who are members on or after the day this section comes into force.

Severance allowance

52.21(3)    Subject to subsection (4), a member who ceases to be a member for any reason other than under section 18 (conviction) or 20 (disqualification) is entitled to a payment calculated at a rate of one month's pay for each consecutive year that he or she has served as a member.

Calculation of payment

52.21(4)    Notwithstanding the number of periods of service as a member, a payment under this section is to be a minimum of three months' pay and a lifetime maximum of 12 months' pay, calculated pro rata for any period of service less than a year.

S.M. 1993, c. 53, s. 5; S.M. 2002, c. 57, s. 3.

MAILING, TELEPHONE AND PRINTING PRIVILEGES

Mailing privileges

52.22(1)    A member may, in accordance with subsections (1.1) and (1.2) and any rules made by the management commission about mailing privileges, send addressed or unaddressed letters at government expense three times in each fiscal year to persons residing or carrying on business in the electoral division that the member represents.

Method of delivery

52.22(1.1)  For the purpose of subsection (1), letters may be delivered

(a) by the Canada Post Corporation;

(b) by a company that is engaged in the business of making deliveries; or

(c) as inserts or flyers to a local newspaper distributed within the electoral division.

Cost not to exceed cost to deliver unaddressed mail

52.22(1.2)  The expense to the government for delivery under clause (1.1)(b) or (c) must not exceed the cost that would be incurred by the government if the letters were delivered by the Canada Post Corporation as unaddressed mail.

Mailing privileges in addition to other privileges

52.22(1.3)  The privileges under subsection (1) are in addition to any other privileges that a member has for sending letters at government expense.

Telephone privileges

52.22(2)    In addition to any other privileges that a member has for the use of telephones at government expense, the cost of long distance calls made by the member may, subject to any rules made by the Legislative Assembly Management Commission about telephone privileges, be charged to and paid out of the appropriations voted for the purpose of providing services to members.

Printing privileges

52.22(3)    In addition to any other privileges that a member has for printing written material at government expense, each member may, three times in each fiscal year, have printed at government expense written material for circulation to persons residing or carrying on business in the electoral division that the member represents, but the expense to the government of each printing must not exceed 1 1/2 times the cost that would be incurred by the government for a mailing of that printed material if it were mailed at government expense under subsection (1).

Privileges of new member

52.22(4)    Notwithstanding subsections (1) and (3), a person who becomes a member in a fiscal year in which he or she was not previously a member is entitled to the mailing and printing privileges referred to in subsections (1) and (3)

(a) once for each consecutive four month period the person serves as a member in the fiscal year; and

(b) once for any period of less than four months remaining at the end of the fiscal year.

Privileges cease 60 days before fixed date election

52.22(4.1)  A member's mailing and printing privileges under this section cease 60 days before an election day for a general election held on a fixed date under section 49.1 of The Elections Act.

52.22(5)    [Repealed] S.M. 2008, c. 43, Sch. D, s. 2.

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.

S.M. 1993, c. 53, s. 5; S.M. 1994, c. 9, s. 2; S.M. 2008, c. 43, Sch. D, s. 2; S.M. 2009, c. 41, s. 6; S.M. 2014, c. 17, s. 2.

SUPPLIES AND ASSISTANCE PAYMENTS

Definition

52.23(1)    In this section, "recognized political party" means a party having four or more members in the Assembly.

Special supplies and assistance to caucuses

52.23(2)    There is to be paid in each fiscal year to the caucus of each recognized political party, or to a person that the caucus may designate, an allowance for special supplies and assistance to that caucus at the rate of $1,973. for each member of that caucus.

Special supplies and assistance to members

52.23(3)    There is to be paid in each fiscal year to each member who does not belong to the caucus of a recognized political party an allowance for special supplies and assistance at the rate of $1,973.

Limitation on use of payments

52.23(3.1)  Money received under this section must not be used to pay for

(a) advertising that appears  

(i) in newspapers, magazines or other periodicals, or on the Internet,

(ii) on radio or television, or

(iii) on billboards, buses or other property normally used for commercial advertising; or

(b) posters, leaflets, letters, cards, signs, banners or any similar printed material that is distributed;

within 60 days before an election day for a general election held on a fixed date under section 49.1 of The Elections Act.

Guidelines or criteria apply

52.23(3.2)  The use of money received under this section is subject to the criteria or guidelines established under section 6.1 of The Legislative Assembly Management Commission Act.

Cost of living increase

52.23(4)    For the purpose of any fiscal year beginning after March 31, 1995, the amount payable under this section shall be increased by the amount, rounded up to the nearest dollar, obtained by multiplying the amount of the payment by the percentage increase in the consumer price index for Canada between December 31 in the second fiscal year immediately preceding the fiscal year for which the payment is paid and December 31 in the fiscal year immediately preceding the fiscal year for which the payment is made.

S.M. 1993, c. 53, s. 5; S.M. 1994, c. 9, s. 3; S.M. 2008, c. 43, Sch. D,  s. 3; S.M. 2010, c. 33, s. 31; S.M. 2011, c. 35, s. 27.

Financial report about allowance received

52.23.1(1)  Each caucus or member that receives an allowance under section 52.23 must prepare and file an annual financial report about the allowance.

Form and content of report

52.23.1(2)  The annual financial report of a caucus or member under subsection (1) must, in accordance with section 6.2 of The Legislative Assembly Management Commission Act,

(a) be filed at the required time;

(b) be in the required form; and

(c) disclose the required information.

S.M. 2008, c. 43, Sch. D, s. 4.

GENERAL PROVISIONS

Approval of payments

52.24       The Speaker is responsible for approving the payment of indemnities and allowances under this Part, and the Speaker may delegate that power to any person employed in the offices required for the administration of this Act.

S.M. 1993, c. 53, s. 5.

Method of payment

52.25       The salary described in items 1 to 3 of subsection 52.8(1) is to be paid in the same way the government pays salaries to its employees.

S.M. 1993, c. 53, s. 5; S.M. 2002, c. 57, s. 4.

Payments made without votes

52.26       Any payment made to or in respect of a member under this Part, other than an indemnity paid to a person as a member of the Executive Council, shall be paid from the Consolidated Fund without appropriation or legislative authority other than this section.

S.M. 1993, c. 53, s. 5.

Report on payments

52.27(1)    Within 90 days after the end of each fiscal year of the government if the Legislature is in session or, if the Legislature is not in session, within 15 days after the beginning of the next session, the Minister of Finance shall lay before the Assembly a statement showing the amounts paid or payable from the Consolidated Fund for that fiscal year to each person who has been a member of the Assembly during that fiscal year, other than amounts paid as retirement benefits.

Report of income from Crown agencies

52.27(2)    Within 30 days after the end of each fiscal year of the government, each member who has received remuneration or expenses during that fiscal year for duties performed as a member of a Crown agency or a member of the board of management or board of directors of a Crown agency shall report the amount of that remuneration and those expenses to the Minister of Finance, who shall show those amounts in the statement laid before the Assembly under subsection (1).

S.M. 1993, c. 53, s. 5; S.M. 2008, c. 42, s. 57.

Regulations re Income Tax Act status of retirement benefits

52.28       The Lieutenant Governor in Council may for taxation purposes make regulations respecting the nature or effect of retirement benefits of members or of any plan of retirement benefits for members established under section 52.16.

S.M. 1993, c. 53, s. 5.

Members' Allowances Office

52.29       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.

S.M. 2009, c. 41, s. 7; S.M. 2010, c. 33, s. 31.

PART 2.1

Part 2.1 Repealed, except sections 61 to 64, which were renumbered as sections 52.2 to 52.5.

R.S.M. 1987 Supp., c. 31, s. 13; S.M. 1988-89, c. 11, s. 14; S.M. 1988-89, c. 32, s. 2 to 7; S.M. 1989-90, c. 90, s. 22; S.M. 1991-92, c. 2, s. 2 to 4; S.M. 1991-92, c. 41, s. 13; S.M. 1992, c. 58, s. 14; S.M. 1993, c. 53, s. 6 to 10 and s. 19; S.M. 1994, c. 9, s. 4 and 5.

PART 3

MEMBERS' PENSIONS

Definitions

69(1)       In this Part

"additional remuneration" where used to refer to the additional remuneration of a member, means any remuneration allowance or salary received by the member

(a) as a member of the Executive Council,

(b) as the leader of the official opposition or the leader of any other recognized opposition party,

(c) as a member of a Crown agency or of the board of directors or governing board of a Crown agency,

(d) as the Speaker or Deputy Speaker or the chairman or deputy chairman of a committee of the assembly,

(e) as the member recognized by the Speaker who is occupying the position of government whip, house leader of the official opposition or opposition whip, or

(f) as a legislative assistant,

but does not include any remuneration, allowance or salary received by a member on or after election day of the first general election following dissolution of the Assembly of the 35th Legislature or any allowance or remuneration paid to the member under subsection 53(1) or under section 54, 58, 59, 60 or 67 or under subsection 59(4) or (5) as they were before the dissolution of the assembly of the 31st Legislature; (« rémunération supplémentaire »)

"administrator" means

(a) the officer of the government or the Crown agency designated by the Lieutenant Governor in Council as administrator of this Part, or

(b) where no government officer or Crown agency is designated by the Lieutenant Governor in Council to administer this Part, the Civil Service Superannuation Board; (« administrateur »)

"annual indemnity" means the amount paid to a member in any numerical year under clauses 53(1)(a) and (b), as increased in accordance with subsection 53(3), as those provisions were on the day before election day of the first general election following dissolution of the Assembly of the 35th Legislature; (« indemnité annuelle »)

"common-law partner" of a person means

(a) another person who, with the person, registered a common-law relationship under section 13.1 of The Vital Statistics Act, or

(b) another person who, not being married to the person, cohabited with him or her in a conjugal relationship

(i) for a period of at least three years, if either of them is married, or

(ii) for a period of at least one year, if neither of them is married,

as shown by written evidence satisfactory to the administrator; (« conjoint de fait »)

"common-law relationship" means the relationship between two persons who are common-law partners of each other; (« union de fait »)

"contribution" means a contribution made by a contributor under this Part; (« cotisation »)

"contributor" means a member who has applied to become a contributor under this Part; (« cotisant »)

"eligible survivor" where used in respect of a deceased contributor means the person who is the child of the deceased contributor, is unmarried and is either

(a) under the age of 18 years, or

(b) between the age of 18 years and 25 years and is in full time attendance in an educational institution that is considered acceptable by the minister; (« survivant admissible »)

"family assets" means family assets as defined in The Family Property Act; (« éléments d'actif familiaux »)

"indemnity" means

(a) the amount payable to a member under clauses 53(1)(a) and (b), as increased in accordance with subsection 53(3), as those provisions were on the day before election day of the first general election following dissolution of the Assembly of the 35th Legislature, or

(b) any amount payable to a member under subsection 59(4) as it was before dissolution of the Assembly of the 31st Legislature; (« indemnité »)

"minister" means the member of the Executive Council charged with the administration of The Financial Administration Act; (« ministre »)

"pension" means a pension payable under this Part; (« pension »)

"pension benefit credit" means the value at a particular time of the pension benefits under this Part to which a member has become entitled as of that time; (« crédit de prestations de pension »)

"service" means a period of serving as a member of the assembly; (« mandat »)

"total remuneration" where used to refer to the total remuneration of a member, means the total of the indemnities and additional remuneration paid to the member. (« rémunération totale »)

Surviving common-law partner

69(2)       For the purposes of this Part, a common-law partner shall be considered to have survived a deceased person with whom he or she had a common-law relationship only if they were cohabiting with each other immediately before the deceased's death.

S.M. 1991-92, c. 41, s. 13; S.M. 1992, c. 57, s. 23; S.M. 1993, c. 48, s. 23; S.M. 1993, c. 53, s. 12; S.M. 2001, c. 37, s. 6; S.M. 2002, c. 48, s. 15; S.M. 2014, c. 32, s. 15.

Part not to apply to members elected after 35th Legislature

69.1        This Part does not apply to a member who, not being a member on dissolution of the Assembly of the 35th Legislature, was elected on or after election day of the first general election following dissolution of the Assembly of that Legislature.

S.M. 1993, c. 53, s. 13; S.M. 2014, c. 32, s. 15.

Restriction on members before dissolution of 35th Legislature

69.2        Notwithstanding anything in this Part, no member who was a member before dissolution of the Assembly of the 35th Legislature shall be entitled to make contributions under this Part in respect of indemnities, allowances or remuneration or to accumulate service for the purpose of calculating his or her pension under this Part, on or after election day of the first general election following dissolution of the Assembly of that Legislature, but nothing in this section shall affect the accumulation of service for the purpose of determining when a pension is payable.

S.M. 1993, c. 53, s. 13; S.M. 2008, c. 42, s. 57; S.M. 2014, c. 32, c. 15.

Date of becoming member

70(1)       For the purposes of this Part, a member commences to serve in respect of a term in office as a member on the day of general polling in the election in which he is declared elected under The Elections Act regardless of whether the member's election is later declared invalid or the member is declared to not be qualified to hold office in a declaration made under section 191 of The Elections Act.

Ceasing to be member after dissolution

70(2)       For the purposes of this Part, a member does not cease to be a member by reason only of dissolution of the assembly but a person who is a member of the assembly immediately before the dissolution thereof, if he is not declared elected under The Election Act in the general election immediately following the dissolution of the assembly, ceases to be a member on the day immediately before the day of general polling at that general election.

Pro rata indemnities, etc.

70(3)       For the purposes of this Part, each indemnity for a session of the Legislature and any other remuneration or allowance that is additional remuneration and that is paid on a sessional basis and not on a monthly or bi-weekly basis shall be deemed to be paid pro rata during the session in respect of which it is paid.

S.M. 2006, c. 15, Sch. A, s. 206.

Entitlement to pension

71(1)       A person

(a) who

(i) on the day before election day of the first general election following dissolution of the Assembly of the 35th Legislature, has served as a member in not less than three Legislatures or for not less than eight years, and

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before that election day in not less than three Legislatures or in not less than eight years; or

(b) who

(i) is a member on dissolution of the Assembly of the 35th Legislature and has served as a member in not less than three Legislatures or in not less than eight years, including service after dissolution of the Assembly of that Legislature, and

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before election day of the first general election following dissolution of the Assembly of that Legislature;

is entitled to receive a pension under this Part when he or she

(c) has reached the age when the total of his or her age and years of service as a member, including service after election day of the first general election following dissolution of the Assembly of the 35th Legislature, equals or exceeds 55 years; and

(d) has ceased to be a member.

Effect of suspension, etc.

71(2)       For the purposes of determining whether a member is eligible for a pension, the period of any suspension served by the member under The Legislative Assembly and Executive Council Conflict of Interest Act shall not be included in the member's service but no suspension or disqualification from office of a member under that Act shall otherwise affect the member's eligibility for a pension.

S.M. 1993, c. 53, s. 14; S.M. 2014, c. 32, s. 15.

Calculation of pension

72(1)       The minister shall pay to each person eligible to receive a pension under section 71 a pension calculated in accordance with the following formula:

P  =  Y/12 × .03 × A

In this formula

P

is the monthly pension to be calculated under this section;

Y

is the number of years of service of the person as a member during which contributions were made under this Part expressed in years and fractions of years in decimals to three decimal places; and

A

is the average of the annual indemnities the person received for the last five years he served as a member or, where he served as a member for less than five years, for the years he served as a member.

Maximum pension

72(2)       The pension calculated for a person under subsection (1) shall not exceed 70% of the average of the annual indemnities for the last five years the person served as a member, or, where he served as a member for less than five years, for the years he served as a member.

73(1)       [Repealed] S.M. 1988-89, c. 13, s. 22.

Treatment of additional remuneration

73(2)       In determining the number of years a person has served as a member for the purpose of calculating a pension under section 72, but not for the purpose of determining eligibility for a pension under section 71, the years of service in respect of which the member paid contributions shall be increased in respect of each numerical year in which he received additional remuneration in respect of which he made contributions by a period calculated in accordance with the following formula:

V = R / I

In this formula

V

is the period expressed in years and fractions of years in decimals to three demical places by which the member's years of service are to be increased;

R

is the additional remuneration received by the member during that numerical year and in respect of which he made contributions; and

I

is the annual indemnity paid to each member for the regular session in that numerical year.

S.M. 1988-89, c. 13, s. 22.

Cost of living increases in pension

74           Where a pension is payable to a person in a numerical year (in this section referred to as "the pension year") if

(a) he was paid a pension in the numerical year immediately before the pension year; and

(b) there was an increase in the Consumer Price Index for Canada between December 31 of the second numerical year before the pension year and December 31 of the numerical year immediately before the pension year;

the monthly pension payable to the person shall be increased, as of April 1, of the pension year, in accordance with the following formula:

N = (P x C) / D

In this formula

N

is the new monthly pension to be payable to the person after the increase in the pension is effective;

P

is the monthly pension payable to the person in the December immediately preceding the pension year;

C

is the Consumer Price Index for Canada as of December 31 in the numerical year next preceding the pension year; and

D

is the Consumer Price Index for Canada as of December 31 in the second numerical year preceding the pension year.

S.M. 1989-90, c. 90, s. 22.

Discontinuance of and re-entitlement to pension

75          Where a person who is receiving a pension under this Part again becomes a member, the payment of the pension shall be discontinued and upon the person again ceasing to be member he is entitled to a pension calculated as provided in this Part in respect of the total service as a member with respect to which he has made contributions.

Application to contribute

76(1)       A member may, at any time while he is a member, apply to become a contributor in respect of his total remuneration.

Effective date of application

76(2)       Subject to subsection (3), a member becomes a contributor effective on the day on which he submits his application under subsection (1) to the administrator.

Retroactive application during first year as member

76(3)       Where, within 12 months after the day of general polling in the election at which a member was elected for the term of office during which his application under subsection (1) is made, he applies to become a contributor in respect of his total remuneration, the application may be effective retroactively to such date, not earlier than the day of general polling at the election, as the application may specify and in that case, the member becomes a contributor effective on the day so specified and shall make contributions in respect of his total remuneration retroactive to that date.

Retroactive contributions

76(4)       Where a member applies to become a contributor in respect of his total remuneration received by him prior to the date on which he makes the application, the amount of contributions payable by him in respect of total remuneration received prior to the date on which he makes the application shall be paid together with interest thereon at the rate of 8% per year calculated from the date on which the contributions would have been made if the contributions had been deducted from the total remuneration at the time that the total remuneration was paid.

Rate of contributions

77(1)       Subject to subsection (4), each contributor shall contribute 7% of the total remuneration received by him after the effective date of his application to become a contributor.

Contributions deducted by minister

77(2)       Contributions required to be made under this Act in respect of any part of the total remuneration of a contributor paid from the Consolidated Fund shall be deducted by the minister from time to time as the total remuneration is paid to the contributor.

Contributions deducted by Crown agencies

77(3)       Contributions required to be made under this section in respect of any part of the total remuneration of a contributor paid by a Crown agency shall be deducted by the Crown agency from time to time as the total remuneration is paid to the contributor and remitted to the minister who shall treat the amount remitted as revenue of the government.

Termination of contributions on additional remuneration

77(4)       Where the years of service that a member has accumulated for the purposes of the formula set out in subsection 72(1) with any increases thereto calculated in accordance with section 73, are sufficient to provide the maximum pension to the member as restricted by subsection 72(2), the member is not required to make any further contributions in respect of, and no further deductions shall be made from, any additional remuneration paid to the member.

Deferred pensions

78(1)       When

(a) a contributor

(i) on the day before election day of the first general election following dissolution of the Assembly of the 35th Legislature, has served as a member in not less than three Legislatures or in not less than eight years,

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before that election day in not less than three Legislatures or in not less than eight years, and

(iii) ceases to be a member; or

(b) a contributor

(i) is a member on dissolution of the Assembly of the 35th Legislature and has served as a member in not less than three Legislatures or in not less than eight years, including service after dissolution of the Assembly of that Legislature,

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before election day of the first general election following dissolution of the Assembly of that Legislature, and

(iii) ceases to be a member;

before the member has reached the age when the total of his or her age and years of service as a member equals or exceeds 55 years, the member is entitled to a deferred pension calculated under this Part which becomes payable commencing on the first day of the first month after the day on which the total of his or her age and years of service as a member equals 55 years.

Adjustment of deferred pensions

78(2)       A deferred pension to which a person is entitled under subsection (1) shall, upon the pension becoming payable, be increased by any increases which would have been granted under section 74 between the date on which the person ceased to be a member and the month when the pension becomes payable as though the pension had been payable during that period.

S.M. 1993, c. 53, s. 15; S.M. 2014, c. 32, s. 15.

Refund of contributions

79(1)       Where a contributor ceases to be a member before he is entitled to a deferred pension under section 78, he may apply for and receive a refund of his contributions and the minister shall pay him the total of his contributions with interest at the rate of 3% per year compounded yearly and calculated in respect of the period between the days on which the contributions to be refunded were made and the date the application is made.

Remittance of refund

79(2)       Where a person who has received a refund of contributions under subsection (1), or under this Part as it was prior to the coming into force of this section, again becomes a member, he may, if he applies to become a contributor again, remit to the minister during a period not exceeding 24 months from the date on which he again becomes a member, the amount of the refund that he previously received together with interest thereon at the rate of 8% per year compounded yearly and calculated from the date the refund was received to the date the remittance is made.

Where contributions refunded

79(3)       Where contributions have been refunded to a contributor, unless he remits them as provided in subsection (2), he shall be conclusively deemed not to have made them.

Refund after 23.33 years as MLA

79(4)       Where, at any time, a member has contributed in respect of 23.33 years during which he was actually a member of the assembly, and has, in addition thereto, contributed in respect of additional remuneration paid to the member, the government shall refund to the member, from and out of The Consolidated Fund, without further or other appropriation by the Legislature, the aggregate of contributions made under this Part by the member in respect of additional remuneration paid to the member together with interest thereon calculated in accordance with and at the rate set out in subsection (1).

Refund of certain contributions on retirement

79(5)       Where, at the time a member ceases to be a member, he is eligible to receive a pension under this Part, if the member has accumulated, for the purposes of the formula set out in subsection 72(1), with any increases thereto calculated under section 73, more years of service than are required to provide the maximum pension to the member as restricted by subsection 72(2), and the member has made contributions under this part in respect of additional remuneration, the government shall refund to the member, from and out of The Consolidated Fund, without further or other legislative appropriation by the Legislature, any contributions made by the member in respect of the additional remuneration paid to the member for such number of numerical years or parts thereof, being the most recent for which the member received additional remuneration in respect of which he made contributions, as would result, on being removed from the calculations required to calculate the member's pension under this Part, in the member's pension being not less than the maximum pension as restricted by subsection 72(2), together with interest thereon calculated in accordance with and at the rate set out in subsection (1).

Refund of contributions on death

80(1)       Where a contributor dies before beginning to receive a pension and is not survived by a spouse, common-law partner or eligible survivor, the executor of his will or the administrator of his estate may apply for and receive a refund of his contributions and the minister shall pay the executor or the administrator the total of the contributions made by the contributor together with interest at the rate of 3% per year compounded yearly and calculated in respect of the period between the date on which the contributions to be refunded were made and the date on which the application is made.

Refund to spouse or common-law partner on death

80(2)       When

(a) a contributor dies before he or she has contributed under this Part in respect of indemnities paid him or her in respect of all his or her service in not less than three Legislatures or in not less than eight years; or

(b) a contributor is a member on dissolution of the Assembly of the 35th Legislature and has not served as a member in three Legislatures or in eight years, including service after dissolution of the Assembly of that Legislature, and dies;

and is survived by a spouse or common-law partner, the minister shall pay to the surviving spouse or common-law partner the total of the contributions made by the contributor together with interest at the rate of 3% per year compounded yearly and calculated in respect of the period between the date on which the contributions to be refunded were made and the date of the death of the contributor.

Pension to surviving spouse or common-law partner

80(3)       When

(a) a contributor

(i) on the day before election day of the first general election following dissolution of the assembly of the 35th Legislature, has served as a member in not less than three Legislatures or in not less than eight years, and

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before that election day in not less than three Legislatures or in not less than eight years; or

(b) a contributor

(i) is a member on dissolution of the Assembly of the 35th Legislature and has served as a member in not less than three Legislatures or in not less than eight years, including service after dissolution of the Assembly of that Legislature, and

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before election day of the first general election following dissolution of the Assembly of that Legislature;

and dies before beginning to receive a pension and is survived by a spouse or common-law partner, the minister shall pay to the surviving spouse or common-law partner a monthly pension commencing on the first day of the first month following the death of the contributor, equal to 60% of the monthly pension that would have been paid to the contributor if he or she had ceased to be a member on the date of his or her death, had lived and had been eligible to receive a pension on the date of his or her death.

Pension to eligible survivors

80(4)       When

(a) a contributor

(i) on the day before election day of the first general election following dissolution of the Assembly of the 35th Legislature, has served as a member in not less than three Legislatures or in not less than eight years, and

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before that election day in not less than three Legislatures or in not less than eight years; or

(b) a contributor

(i) is a member on dissolution of the Assembly of the 35th Legislature and has served as a member in not less than three Legislatures or in not less than eight years, including service after dissolution of the Assembly of that Legislature, and

(ii) has contributed under this Part in respect of indemnities paid to him or her in respect of all his or her service before election day of the first general election following dissolution of the Assembly of that Legislature;

and dies before beginning to receive a pension and is survived by an eligible survivor but not by a spouse or common-law partner, the minister shall pay to each of the eligible survivors of the contributor, for as long as he or she remains an eligible survivor within the definition of that expression in section 69, equal monthly pensions, commencing on the first day of the first month following the death of the contributor, the aggregate of which, at any time, equals the monthly pension that would have been paid to the surviving spouse or common-law partner of the contributor if he or she had been survived by a spouse or common-law partner.

S.M. 1993, c. 53, s. 16; S.M. 2001, c. 37, s. 6; S.M. 2014, c. 32, s. 15.

Refund of contributions after allowance begun

81(1)       Where a contributor dies after beginning to receive a pension but before an amount equal to or more than the total of his contributions, together with interest thereon calculated as provided in subsection 79(1), have been paid out in respect of the pension and is not survived by a spouse, common-law partner or eligible survivor, the executor of his will or the administrator of his estate may apply for and receive a refund of his contributions and the minister shall pay to the executor or administrator the total of the contributions made by the contributor, with interest thereon at the rate of 3% per year compounded yearly and calculated in respect of the period between the date on which the contributions to be refunded were made and the date of the death of the contributor less the total of all amounts paid by way of pension to the contributor with interest thereon at the rate of 3% per year compounded yearly and calculated in respect of the period between the date on which the monthly pension was paid and the date of the death of the contributor.

Pension to spouse or common-law partner after death of pensioner

81(2)       Where a contributor dies after beginning to receive a monthly pension and is survived by a spouse or common-law partner, the minister shall pay the surviving spouse or common-law partner a monthly pension, commencing on the first day of the first month following the death of the contributor, equal to 60% of the monthly pension that was being paid to the contributor prior to his death.

Allowance to eligible survivors after death of pensioner

81(3)       Where a contributor dies after beginning to receive a monthly pension and is survived by eligible survivors but not by a spouse or common-law partner, the minister shall pay to each of the eligible survivors of the contributor, for as long as he remains an eligible survivor within the definition of that expression in section 69, equal monthly pensions, commencing on the first day of the first month following the death of the contributor, the aggregate of which, at any time, equals the monthly pension that would have been paid to the surviving spouse or common-law partner of the contributor if he or she had been survived by a spouse or common-law partner.

S.M. 2001, c. 37, s. 6.

Refund of contributions after death of surviving spouse or common-law partner

82(1)       Where the surviving spouse or common-law partner of a contributor receiving a pension under subsection 80(3) or 81(2), dies before an amount equal to or more than the total of the contributions of the contributor together with interest calculated as provided under subsection 79(1) have been paid out by way of monthly pension payments to the contributor and monthly pension payments to the spouse or common-law partner, and the spouse or common-law partner is not survived by an eligible survivor of the contributor, the executor of the will of the spouse or common-law partner or the administrator of the estate of the spouse or common-law partner may apply for and receive a refund of the balance of the contributions and the minister shall pay to the executor or administrator an amount equal to the total of the contributions made by the contributor, with interest thereon at the rate of 3% per year compounded yearly and calculated in respect of the period between the date on which the contributions to be refunded were made and the date of the death of the spouse or common-law partner less the total of all amounts paid by way of pension to the contributor and to the spouse or common-law partner with interest thereon at the rate of 3% per year compounded yearly and calculated in respect of the period between the date on which the monthly pension payments were made and the date of the death of the spouse or common-law partner.

Allowance to eligible survivor on death of spouse or common-law partner

82(2)       Where a surviving spouse or common-law partner of a deceased contributor to whom a pension is being paid under subsection 80(3) or 81(2) dies and is survived by eligible survivors of the deceased contributor, the minister shall pay to each of the eligible survivors of the contributor, for as long as he remains an eligible survivor within the definition of that expression in section 69, equal monthly pensions, commencing on the first day of the first month following the death of the spouse or common-law partner, the aggregate of which, at any time, equals the monthly pension that would have been paid to the spouse or common-law partner of the contributor if she had survived.

S.M. 2001, c. 37, s. 6.

Applications

83          Every application required under this Part shall be made in writing to the administrator and signed by the person making it.

Contributions paid to Consolidated Fund

84(1)       All contributions and remittances of refunds made under this Part shall be paid into and form part of the Consolidated Fund.

Payments from Consolidated Fund

84(2)       All payments of pensions and refunds of contributions made under this Part shall be a charge upon and paid out of the Consolidated Fund without any further or other appropriation by the Legislature.

Monthly payment of pensions

84(3)       All payments of pensions and allowances payable under this Part shall be payable by monthly instalments.

Deduction of certain group insurance premiums

85          Where a person to whom a pension is payable is liable for the payment of a premium for benefits under a group insurance scheme or plan covering members or persons to whom pensions are payable, if he applies to the administrator for the purpose, the minister may deduct from payments of the pension the amounts of the premiums and remit the amounts so deducted to the person to whom the premiums are payable.

Regulations

86          For the purpose of carrying out the provisions of this Part according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without limiting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) prescribing forms for use under this Part;

(b) prescribing procedures to be adopted by the administrator in administering this Part;

(c) prescribing the manner in which the pension benefit credit of a member shall be divided between the member and his or her spouse or common-law partner.

S.M. 1992, c. 57, s. 24; S.M. 2001, c. 37, s. 6.

Administration of Part

87(1)       This Part shall be administered

(a) by an officer of the government or a Crown agency designated by the Lieutenant Governor in Council as the administrator of this Part; or

(b) where no government officer or Crown agency is designated under clause (a) by the Lieutenant Governor in Council to administer this Part, by the Civil Service Superannuation Board.

Remuneration of administrator

87(2)       Where the Civil Service Superannuation Board or Crown agency is the administrator of this Part, the Lieutenant Governor in Council may provide for payment from and out of the Consolidated Fund to the administrator of such amount as he fixes to reimburse the administrator for the costs of the administration of this Part.

Special status for members in June, 1979

88          Notwithstanding section 71, where a contributor who was a contributor in June, 1979, has

(a) served as a member of not less than three Legislatures or for not less than eight years; and

(b) has contributed in respect of indemnities paid to him in respect of all his service in not less than three Legislatures or all of his service in not less than eight years;

ceases to be a member before he has reached the age when the total of his age and his years of service as a member equals or exceeds 55 years, he is eligible to receive a pension under this Part that is based solely on the indemnities in respect of which he has made contributions under this Part until he reaches the age when the total of his age and his years of service as a member equals or exceeds 55 years, at which time he becomes eligible to receive a pension that is based on the total remuneration in respect of which he had contributions under this Part.

Continuation of contributions for indemnities only

89          Notwithstanding subsection 77(1), where a contributor who was a member in July, 1980, had, prior to the coming into force of this section, elected to become a contributor only in respect of indemnities paid to him but not in respect of additional remuneration paid to him, he may, as long as he continues to be a member,

(a) continue to be a contributor only in respect of indemnities paid to him but not in respect of additional remuneration; or

(b) apply to become a contributor in respect of additional remuneration paid to him as well as indemnities, in which case, the application to become a contributor in respect of additional remuneration becomes effective on the date that the application is made.

Division of pension benefits on break-up

90(1)       Subject to subsections  (2), (4), (6) and (7), where

(a) pursuant to an order of the Court of Queen's Bench made under The Family Property Act, family assets of a member are required to be divided between the member and his or her spouse or common-law partner; or

(b) pursuant to a written agreement between a member and his or her spouse or common-law partner, family assets of the member and spouse or common-law partner are divided between them;

(c) [repealed] S.M. 2002, c. 48, s. 15;

the pension benefit credit of the member under this Part shall be divided between the member and the spouse or common-law partner, and the division shall be made in the manner provided in this Part and directed by the administrator notwithstanding that the order or agreement, as the case may be, may require the division to be made in a different manner.

Application of subsection (1)

90(2)       Subsection (1) does not apply except in the case of spouses or common-law partners who began living separate and apart from each other after December 31, 1983.

90(3)       [Repealed] S.M. 2002, c. 48, s. 15.

Married and common-law — opting out

90(4)       Where subsection (1) becomes applicable in the case of any member, it ceases to be applicable if both the member and his or her spouse or common-law partner, after each has received

(a) independent legal advice; and

(b) a statement from the administrator showing the commuted value of the pension benefit credit, or the amount of the pension payments, to which the spouse or common-law partner would be entitled if the subsection remained applicable;

enter into a written agreement to the effect that the subsection shall not apply.

90(5)       [Repealed] S.M. 2002, c. 48, s. 15.

Filing of agreement

90(6)       An agreement under subsection (4) shall be filed with the administrator.

Transfer of pension benefit credit

90(7)       Any pension benefit credit to which the spouse, former spouse or common-law partner of a member becomes entitled under subsection (1) shall be transferred by the administrator to such locked-in registered retirement savings plan or locked-in registered pension plan as the spouse, former spouse or common-law partner may designate, in the name of the spouse, former spouse or common-law partner.

S.M. 1992, c. 57, s. 25; S.M. 2001, c. 37, s. 6; S.M. 2002, c. 48, s. 15.

New relationship of member

91          Where the former spouse or common-law partner of a former member is receiving pension payments under this Part consequent upon the break-up of the former member's marriage or the termination of the former member's common-law relationship, and the former member remarries or enters into a new common-law relationship and subsequently dies, the former spouse or common-law partner shall continue to receive 60% of those payments.

S.M. 1992, c. 57, s. 25; S.M. 2001, c. 37, s. 6.

New relationship of survivor

92          A pension or pension benefit payable to the surviving spouse or common-law partner of a member or former member who dies does not terminate in the event of the remarriage of, or the entry into a new common-law relationship by, the surviving spouse or common-law partner.

S.M. 1992, c. 57, s. 25; S.M. 2001, c. 37, s. 6.

Effect of division on qualifying service

93          The transfer of a portion of a member's pension benefit credit to the member's spouse, former spouse or common-law partner under this Part does not reduce the period of qualifying service that the member has already accumulated under and for the purposes of this Part.

S.M. 1992, c. 57, s. 25; S.M. 2001, c. 37, s. 6.

Reduction in credit on division of assets

94          Where the pension benefit credit of a member has been divided in the manner provided in this Part and the member subsequently becomes entitled to the payment of a pension, the pension shall be reduced by one-half of the pension that accrued during the period on the basis of which the division was made and that would have been payable to the member when he or she became eligible to receive a pension under this Part.

S.M. 1992, c. 57, s. 25.

Status under Income Tax Act

95          The Lieutenant Governor in Council may, by regulation, specify those benefits out of the pension benefits provided under this Part that shall form a plan with the status of a pension plan registerable under the Income Tax Act (Canada).

S.M. 1992, c. 57, s. 25.

 

 


Accessibility Disclaimer Copyright Privacy Contact Government