R.S.M. 1987, c. L110
The Legislative Assembly Act
Table of Contents
1 | Definitions. | |
PART I
COMPOSITION OF LEGISLATURE |
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2 | Composition of Legislature. | |
COMPOSITION AND DURATION OF ASSEMBLY | ||
3 | Composition of assembly. | |
(2) | Representation of electoral divisions. | |
4 | Duration of assembly. | |
(2) | Interpretation. | |
5 | Session once a year. | |
6 | Assembly not dissolved by demise of Crown. | |
(2) | Prerogative saved. | |
7 | Prorogation of Legislature. | |
QUORUM | ||
8 | Quorum. | |
SPEAKER'S VOTE | ||
9 | Decision of questions in assembly. | |
QUALIFICATION OF MEMBERS | ||
10 | Oath of members. | |
11 | Senators, M. P.s etc. ineligible. | |
12 | Certain office holders ineligible. | |
13 | Exception respecting members of Executive Council. | |
14 | Exception respecting judicial officers. | |
15 | Exception respecting Speaker and Deputy Speaker. | |
16 | Acceptance of payments by members. | |
(2) | Exception under sec. 44 of Civil Service Act. | |
17 | Exceptions. | |
(2) | General exception. | |
(3) | Questions arising under this section. | |
18 | Conviction of member. | |
(2) | Ineligibility for indemnities, etc. | |
(3) | Removal of ineligibility. | |
(4) | Authority to pay withheld indemnities. | |
(5) | Pro-rating of sessional payments for subsec. (2). | |
19 | Election of ineligible person void. | |
20 | Seat vacant on disqualification. | |
(2) | How vacancy treated. | |
(3) | May be re-elected. | |
21 | Penalty for disqualified persons sitting in assembly. | |
VACATING OF SEATS | ||
22 | Resignation of member. | |
23 | Resignation when no Speaker. | |
24 | Duty of Speaker or two members receiving resignation. | |
25 | Notice of vacancy caused in any other way than by resignation. | |
26 | Vacancy before first session of a Legislature. | |
27 | Vacancies to be filled within one year. | |
THE SPEAKER | ||
28 | Election of Speaker. | |
(2) | Election when vacancy. | |
(3) | Presiding officer. | |
29 | Deputy Speaker. | |
(2) | Acting as Speaker. | |
30 | Deputy Speaker acting in absence of Speaker. | |
(2) | Duration of power of deputy. | |
31 | When Speaker and Deputy Speaker both absent. | |
32 | Validation of proceedings. | |
33 | Validation of acts of Deputy Speaker. | |
POWERS AND PRIVILEGES OF ASSEMBLY SUMMONING WITNESSES AND TAKING EVIDENCE | ||
34 | Power to compel attendance of witnesses. | |
35 | Warrant for attendance of witnesses. | |
(2) | Form of warrant. | |
36 | Examination on oath. | |
(2) | Administration of oath. | |
37 | Power of committees to examine on oath. | |
(2) | Administration of oath. | |
38 | Extra-mural examination of witnesses. | |
39 | Assembly, court of record. | |
JURISDICTION OF ASSEMBLY | ||
40 | Judicial powers of assembly in certain matters. | |
(2) | Necessary and incidental powers. | |
41 | Penalty for breach of section 40. | |
42 | Warrant of committal upon imprisonment. | |
(2) | Speaker's warrant. | |
43 | Assembly's decision final. | |
IMMUNITIES AND PRIVILEGES | ||
44 | No liability for act done under authority of assembly. | |
45 | Protection of members from actions. | |
(2) | Except for breach of Act member immune from civil arrest during session. | |
46 | Members, etc. exempt from jury service. | |
47 | Rights under Conflict of Interest Act. | |
RESPECTING ACTIONS | ||
48 | Protection to person publishing report. | |
(2) | Stay of proceedings. | |
49 | Protection to person in publishing copy of report. | |
(2) | Stay of proceedings. | |
50 | Bona fide publication a defence. | |
51 | Journals of House as evidence. | |
SAVING CLAUSE | ||
52 | Act not to abridge rights and privileges. | |
INDEMNITY OF MEMBERS | ||
53 | Annual indemnities and allowances. | |
(2) | Additional allowance to Speaker, etc. | |
(3) | Cost of living increases. | |
54 | Sessional per diem allowance. | |
(2) | Where two residences maintained. | |
(3) | Scope of entitlement. | |
(4) | Payment of allowance. | |
55 | Indemnities etc. payable without votes. | |
(2) | Indemnities and allowances earned pro rata. | |
(3) | Method of payment of indemnities etc. | |
(4) | Interpretation. | |
56 | Allowance for opposition leader. | |
(2) | Allowance to leader of other opposition party. | |
(3) | Manner of payment. | |
(4) | Ceasing to occupy relevant position. | |
(5) | Succession of leaders. | |
(6) | Definitions. | |
(7) | Powers of Speaker exercised by clerk. | |
57 | Appointment of legislative assistants. | |
(2) | Remuneration of legislative assistants. | |
(3) | Time and manner of payment. | |
58 | Travel allowance to members. | |
(2) | Maximum travel allowance. | |
(3) | Expense account for travel allowance. | |
59 | Constituency allowance. | |
(2) | Basis of expenses. | |
(3) | Access allowance. | |
(4) | Basis of expenses. | |
(5) | Pro-rata allowance. | |
(6) | Constituency expenses after ceasing to be member. | |
(7) | Delegation of approval. | |
60 | Indemnity and expenses for committee members. | |
GENERAL | ||
61 | Vacancy in seats not to invalidate proceedings of assembly. | |
62 | Debates to be grave and orderly. | |
63 | Expenses of assembly. | |
64 | Life of committees. | |
(2) | Reports of committees. | |
(3) | Filling vacancies on committees. | |
(4) | Resigning from committee. | |
(5) | Referral of matter to committee by Lieutenant Governor in Council. | |
65 | Report on salaries etc. | |
(2) | Report of income from Crown agencies. | |
66 | Mailing privileges. | |
(2) | Telephone privileges. | |
(3) | Printing privileges. | |
67 | Special supplies and operating allowance. | |
(2) | Method of paying allowances under subsection (1). | |
(3) | Use of government air service. | |
68 | Cost of living increase. | |
(2) | Rounding of amounts. | |
PART II
MEMBERS' PENSIONS |
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69 | Definitions. | |
70 | Date of becoming member. | |
(2) | Ceasing to be member after dissolution. | |
(3) | Pro rata indemnities, etc. | |
71 | Entitlement to pension. | |
(2) | Effect of suspension, etc. | |
72 | Calculation of pension. | |
(2) | Maximum pension. | |
73 | Treatment of special session indemnities. | |
(2) | Treatment of additional remuneration. | |
74 | Cost of living increases in pension. | |
75 | Discontinuance of and re-entitlement to pension. | |
76 | Application to contribute. | |
(2) | Effective date of application. | |
(3) | Retroactive application during first year as member. | |
(4) | Retroactive contributions. | |
77 | Rate of contributions. | |
(2) | Contributions deducted by minister. | |
(3) | Contributions deducted by Crown agencies. | |
(4) | Termination of contributions on additional remuneration. | |
78 | Deferred pensions. | |
(2) | Adjustment of deferred pensions. | |
79 | Refund of contributions. | |
(2) | Remittance of refund. | |
(3) | Where contributions refunded. | |
(4) | Refund after 23.33 years as MLA. | |
(5) | Refund of certain contributions on retirement. | |
80 | Refund of contributions on death. | |
(2) | Refund to spouse on death. | |
(3) | Pension to surviving spouse. | |
(4) | Pension to eligible survivors. | |
81 | Refund of contributions after allowance begun. | |
(2) | Pension to spouse after death of pensioner. | |
(3) | Allowance to eligible survivors after death of pensioner. | |
82 | Refund of contributions after death of surviving spouse. | |
(2) | Allowance to eligible survivor on death of spouse. | |
83 | Applications. | |
84 | Contributions paid to Consolidated Fund. | |
(2) | Payments from Consolidated Fund. | |
(3) | Monthly payment of pensions. | |
85 | Deduction of certain group insurance premiums. | |
86 | Regulations. | |
87 | Administration of Part. | |
(2) | Remuneration of administrator. | |
88 | Special status for members in June, 1979. | |
89 | Continuation of contributions for indemnities only. |