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S.M. 2002, c. 57
Bill 3, 4th Session, 37th Legislature
The Legislative Assembly Amendment Act
(Assented to December 12, 2002)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Sections 52.6 to 52.20, and the headings before section 52.6, are replaced with the following:
REMUNERATION AND RETIREMENT BENEFITS
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 »)
The management commission must appoint a commissioner whose responsibility it is
(a) to review and make recommendations to the Assembly about the appropriate salary, allowances and retirement benefits for members; and
(b) when the Assembly accepts the recommendations, to make regulations to implement them.
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.
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.
The commissioner may consult with interested individuals and groups when conducting a review.
SALARIES AND ALLOWANCES
The commissioner must make recommendations 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.
The commissioner must also recommend, 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.
The commissioner must make recommendations about
(a) retirement benefits for 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.
REPORT TO THE ASSEMBLY
Within six months after being appointed, the commissioner must submit a report to the management commission setting out his or her recommendations under sections 52.8 (salaries and allowances) and 52.9 (retirement benefits).
The management commission may extend the six-month reporting period in subsection (1).
The management commission must review the commissioner's report and forward it to the Speaker, along with its own recommendations as to whether the Assembly should accept or reject the commissioner's recommendations.
The Speaker must table a copy of the commissioner's report and the recommendations of the management commission in the Assembly on any of the first 15 days on which the Assembly is sitting after the Speaker receives them.
After considering the commissioner's report and the management commission's recommendations, the Assembly may, by resolution, accept or reject the commissioner's recommendations, but it may not amend them.
If the Assembly rejects the commissioner's recommendations, the commissioner must consider them further and must, without delay, submit to the management commission another report, which is to be dealt with in accordance with section 52.10 and this section.
When the Assembly accepts the commissioner's recommendations, the commissioner must without delay make any regulations he or she considers necessary or desirable to implement the recommendations.
Regulations made by the commissioner come into force on the day specified in the regulations, which may not be earlier than polling day of the last general election before the commissioner's appointment.
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.
After a commissioner's term ends and before another commissioner is appointed, the management commission may make amendments of an administrative or technical nature to the regulations made under section 52.12.
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.
A regulation made by the management commission may be made retroactive to a date specified in the regulation.
The Regulations Act does not apply to regulations made under this Act, but they must be published in Part I of The Manitoba Gazette.
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 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 the member's election is declared void under The Controverted Elections Act, 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.
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.
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.
Section 52.25 is amended by striking out "indemnities and allowances described in clauses 52.15(1)(a) to (d) are" and substituting "salary described in items 1 to 3 of subsection 52.8(1) is".
The Indemnities, Allowances and Retirement Benefits Regulation, which was made by the Indemnities and Allowances Commission on October 14, 1994, continues in force until replaced by regulations made under section 52.12 of The Legislative Assembly Act as enacted by section 2 of this Act.
The first commissioner appointed under section 52.7 of The Legislative Assembly Act may make recommendations under clause 52.9(a) that address retirement benefits for those who were members at dissolution of the 37th Legislature but were not re-elected in the next general election.
This Act comes into force on polling day of the first general election following dissolution of the Assembly of the 37th Legislature.