C.C.S.M. c. L110
The Legislative Assembly Act
1 | Definitions |
PART 1 | |
COMPOSITION OF LEGISLATURE | |
2 | Composition of Legislature |
COMPOSITION AND DURATION OF ASSEMBLY | |
3(1) | Composition of assembly |
(2) | Representation of electoral divisions |
4(1) | Duration of assembly |
(2) | Interpretation |
5 | Session once a year |
6(1) | Assembly not dissolved by demise of Crown |
(2) | Prerogative saved |
7 | Prorogation of Legislature |
QUORUM | |
8 | Quorum |
SPEAKER'S VOTE | |
9 | Decision of questions in assembly |
QUALIFICATION OF MEMBERS | |
10 | Oath or affirmation of members |
11 | Senators, M.P.s etc. ineligible |
12 | Certain office holders ineligible |
13 | Exception respecting members of Executive Council |
14 | Exception respecting judicial officers |
15 | Exception respecting Speaker and Deputy Speaker |
16(1) | Acceptance of payments by members |
(2) | Exception under section 44 of Civil Service Act |
17(1) | Exceptions |
(2) | General exception |
(3) | Questions arising under this section |
18(1) | Conviction of member |
(2) | Ineligibility for indemnities, etc. |
(3) | Removal of ineligibility |
(4) | Authority to pay withheld indemnities |
(5) | Pro-rating of sessional payments for subsec. (2) |
19 | Election of ineligible person void |
20(1) | Seat vacant on disqualification |
(2) | How vacancy treated |
(3) | May be re-elected |
21 | Penalty for disqualified persons sitting in assembly |
VACATING OF SEATS | |
22 | Resignation of member |
23 | Resignation when no Speaker |
24 | Duty of Speaker or two members receiving resignation |
25 | Notice of vacancy caused in any other way than by resignation |
26 | Vacancy before first session of a Legislature |
27 | Vacancies to be filled within one year |
THE SPEAKER | |
28(1) | Election of Speaker |
(2) | Election when vacancy |
(3) | Presiding officer |
29(1) | Deputy Speaker |
(2) | Acting as Speaker |
30(1) | Deputy Speaker acting in absence of Speaker |
(2) | Duration of power of deputy |
31 | When Speaker and Deputy Speaker both absent |
31.1 | Speaker continues in office following dissolution |
32 | Validation of proceedings |
33 | Validation of acts of Deputy Speaker |
POWERS AND PRIVILEGES OF ASSEMBLY SUMMONING WITNESSES AND TAKING EVIDENCE | |
34 | Power to compel attendance of witnesses |
35(1) | Warrant for attendance of witnesses |
(2) | Form of warrant |
36(1) | Examination on oath |
(2) | Administration of oath |
37(1) | Power of committees to examine on oath |
(2) | Administration of oath |
38 | Extra-mural examination of witnesses |
39 | Assembly, court of record |
JURISDICTION OF ASSEMBLY | |
40(1) | Judicial powers of assembly in certain matters |
(2) | Necessary and incidental powers |
41 | Penalty for breach of section 40 |
42(1) | Warrant of committal upon imprisonment |
(2) | Speaker's warrant |
43 | Assembly's decision final |
IMMUNITIES AND PRIVILEGES | |
44 | No liability for act done under authority of assembly |
45(1) | Protection of members from actions |
(2) | Except for breach of Act member immune from civil arrest during session |
46 | Members, etc. exempt from jury service |
47 | Rights under Conflict of Interest Act |
RESPECTING ACTIONS | |
48(1) | Protection to person publishing report |
(2) | Stay of proceedings |
49(1) | Protection to person in publishing copy of report |
(2) | Stay of proceedings |
50 | Bona fide publication a defence |
51 | Journals of House as evidence |
SAVING CLAUSE | |
52 | Act not to abridge rights and privileges |
GENERAL PROVISIONS | |
52.1(1) | Assembly records |
(2) | Definition of "record" |
52.2 | Vacancy in seats not to invalidate proceedings of assembly |
52.3 | Debates to be grave and orderly |
52.3.1 | Member who crosses the floor must sit as independent |
52.4 | Expenses of assembly |
52.5(1) | Life of committees |
(2) | Reports of committees |
(3) and (4) | |
(5) | Referral of matter to committee by Lieutenant Governor in Council |
52.5.1(1) | Endorsement of assent or reservation of Act |
(2) | Endorsement when Act reserved |
PART 2 | |
REMUNERATION AND RETIREMENT BENEFITS | |
DEFINITIONS | |
52.6 | Definitions |
COMPLIANCE REPORT | |
52.6.1(1) | Compliance report |
(2) | Report to be tabled |
(3) | Report to be distributed and made public |
COMMISSIONER | |
52.7(1) | Appointing a commissioner |
(1.1) | Guidelines |
(2) | When commissioner to be appointed |
(3) | Term |
(4) | Procedure and matters to consider |
52.7.1(1) | Interim commissioner for allowances |
(2) | Consultation |
(3) | Report |
(4) | Report to be tabled |
(5) | Regulations |
SALARIES AND ALLOWANCES | |
52.8(1) | Commissioner to decide salaries and allowances |
(2) | Items to be included |
RETIREMENT BENEFITS | |
52.9 | Commissioner to decide retirement benefits |
REPORT TO THE ASSEMBLY | |
52.10(1) | Report |
(2) | Extension |
(3) | |
(4) | Tabling the report in the Assembly |
52.11 | |
REGULATIONS | |
52.12(1) | Regulations |
(2) | Effective date of regulations |
(3) | Transitional regulations |
52.13(1) | Amendment by management commission |
(2) | Amendment re retirement benefits |
(3) | Effective date of amending regulation |
52.14 | Regulations must be published |
COMPUTATION RULES | |
52.15 | Rules re commencement and termination dates |
52.16(1) | Speaker may recognize leaders and others |
(2) | When member considered to hold the position |
(3) | Recognition by Clerk if no Speaker |
52.17 and 52.18 | |
52.19 | |
52.20 | |
SEVERANCE ALLOWANCE: TRANSITIONAL PROVISIONS | |
52.21(1) | Definition |
(2) | Application |
(3) | Severance allowance |
(4) | Calculation of payment |
MAILING, TELEPHONE AND PRINTING PRIVILEGES | |
52.22(1) | Mailing privileges |
(2) | Telephone privileges |
(3) | Printing privileges |
(4) | Privileges of new member |
(4.1) | Privileges cease 60 days before fixed date election |
(5) | |
(6) | Restriction — non-arm's length expenses |
SUPPLIES AND ASSISTANCE PAYMENTS | |
52.23(1) | Definition |
(2) | Special supplies and assistance to caucuses |
(3) | Special supplies and assistance to members |
(3.1) | Limitation on use of payments |
(3.2) | Guidelines or criteria apply |
(4) | Cost of living increase |
52.23.1(1) | Financial report about allowance received |
(2) | Form and content of report |
GENERAL PROVISIONS | |
52.24 | Approval of payments |
52.25 | Method of payment |
52.26 | Payments made without votes |
52.27(1) | Report on payments |
(2) | Report of income from Crown agencies |
52.28 | Regulations re Income Tax Act status of retirement benefits |
52.29 | Members' Allowances Office |
PART 2.1 | |
PART 3 | |
MEMBERS' PENSIONS | |
69(1) | Definitions |
(2) | Surviving common-law partner |
69.1 | Part not to apply to members elected after 35th Legislature |
69.2 | Restriction on members before dissolution of 35th Legislature |
70(1) | Date of becoming member |
(2) | Ceasing to be member after dissolution |
(3) | Pro rata indemnities, etc. |
71(1) | Entitlement to pension |
(2) | Effect of suspension, etc. |
72(1) | Calculation of pension |
(2) | Maximum pension |
73(1) | |
(2) | Treatment of additional remuneration |
74 | Cost of living increases in pension |
75 | Discontinuance of and re-entitlement to pension |
76(1) | Application to contribute |
(2) | Effective date of application |
(3) | Retroactive application during first year as member |
(4) | Retroactive contributions |
77(1) | Rate of contributions |
(2) | Contributions deducted by minister |
(3) | Contributions deducted by Crown agencies |
(4) | Termination of contributions on additional remuneration |
78(1) | Deferred pensions |
(2) | Adjustment of deferred pensions |
79(1) | Refund of contributions |
(2) | Remittance of refund |
(3) | Where contributions refunded |
(4) | Refund after 23.33 years as MLA |
(5) | Refund of certain contributions on retirement |
80(1) | Refund of contributions on death |
(2) | Refund to spouse or common-law partner on death |
(3) | Pension to surviving spouse or common-law partner |
(4) | Pension to eligible survivors |
81(1) | Refund of contributions after allowance begun |
(2) | Pension to spouse or common-law partner after death of pensioner |
(3) | Allowance to eligible survivors after death of pensioner |
82(1) | Refund of contributions after death of surviving spouse or common-law partner |
(2) | Allowance to eligible survivor on death of spouse or common-law partner |
83 | Applications |
84(1) | Contributions paid to Consolidated Fund |
(2) | Payments from Consolidated Fund |
(3) | Monthly payment of pensions |
85 | Deduction of certain group insurance premiums |
86 | Regulations |
87(1) | Administration of Part |
(2) | Remuneration of administrator |
88 | Special status for members in June, 1979 |
89 | Continuation of contributions for indemnities only |
90(1) | Division of pension benefits on break-up |
(2) | Application of subsection (1) |
(3) | |
(4) | Married and common-law — opting out |
(5) | |
(6) | Filing of agreement |
(7) | Transfer of pension benefit credit |
91 | New relationship of member |
92 | New relationship of survivor |
93 | Effect of division on qualifying service |
94 | Reduction in credit on division of assets |
95 | Status under Income Tax Act |