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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 |