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) | Repealed | |
(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 | Repealed | |
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) | Repealed | |
(4) | Tabling the report in the Assembly | |
52.11 | Repealed | |
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 | Statutes and Regulations Act does not apply | |
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 | Repealed | |
52.19 | Repealed | |
52.20 | Repealed | |
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) | Repealed | |
(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) | Repealed |
(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) | Repealed | |
(4) | Married and common-law — opting out | |
(5) | Repealed | |
(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 |