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C.C.S.M. c. L110
The Legislative Assembly Act
Table of Contents
| 1 | Definitions | |
| PART 1 | ||
| COMPOSITION OF LEGISLATURE | ||
| 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 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 | Acceptance of payments by members | |
| (2) | Exception | |
| 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 | By-election to fill vacancy | |
| (2) | Election day within 180 days of vacancy | |
| (3) | Exception | |
| 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 | |
| 31.1 | Speaker continues in office following dissolution | |
| 32 | Validation of proceedings | |
| 33 | Validation of acts of Deputy Speaker | |
| THE CLERK OF THE ASSEMBLY | ||
| 33.1 | Appointment of Clerk of the Assembly | |
| (2) | Committee recommendation required | |
| (3) | Appointment process | |
| 33.2 | Officer of the Assembly | |
| (2) | No other public office | |
| 33.3 | Remuneration | |
| (2) | No reduction of salary | |
| 33.4 | Civil Service Superannuation Act applies | |
| 33.5 | Suspension or removal | |
| (2) | Suspension if Assembly not sitting | |
| (3) | Length of suspension | |
| 33.6 | Deputy Clerk | |
| (2) | Powers and duties | |
| (3) | Salary in certain cases | |
| (4) | No other public office | |
| POWERS AND PRIVILEGES OF ASSEMBLY SUMMONING WITNESSES AND TAKING EVIDENCE |
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| 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 | |
| GENERAL PROVISIONS | ||
| 52.1 | 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 | [Repealed] | |
| 52.4 | Expenses of assembly | |
| 52.5 | 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 | 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 | Compliance report | |
| (2) | Report to be tabled | |
| (3) | Report to be distributed and made public | |
| COMMISSIONER | ||
| 52.7 | 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 | Commissioner to decide salaries and allowances | |
| (2) | Items to be included | |
| 52.8.1 | Policies for constituency assistant staff | |
| RETIREMENT BENEFITS | ||
| 52.9 | Commissioner to decide retirement benefits | |
| REPORT TO THE ASSEMBLY | ||
| 52.10 | Report | |
| (2) | Extension | |
| (3) | [Repealed] | |
| (4) | Tabling the report in the Assembly | |
| 52.11 | [Repealed] | |
| REGULATIONS | ||
| 52.12 | Regulations | |
| (2) | Effective date of regulations | |
| (3) | Transitional regulations | |
| 52.13 | Amendment by management commission | |
| (1.1) | Amendment by commissioner | |
| (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 | 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 | Definition | |
| (2) | Application | |
| (3) | Severance allowance | |
| (4) | Calculation of payment | |
| MAILING, TELEPHONE AND PRINTING PRIVILEGES |
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| 52.22 | Mailing privileges | |
| (1.1) | Method of delivery | |
| (1.2) | Cost not to exceed cost to deliver unaddressed mail | |
| (1.3) | Mailing privileges in addition to other 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 | 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 | 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 | Report on payments to members | |
| (1.1) | Tabling of report | |
| 52.27.1 | Report of income from Crown agencies | |
| (2) | Reporting on amounts received | |
| (3) | Tabling of report | |
| 52.28 | Regulations re Income Tax Act status of retirement benefits | |
| 52.29 | Members' Allowances Office | |
| PART 2.1 | ||
| PART 3 | ||
| MEMBERS' PENSIONS | ||
| 69 | 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 | 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 | (1) | [Repealed] |
| (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 or common-law partner on death | |
| (3) | Pension to surviving spouse or common-law partner | |
| (4) | Pension to eligible survivors | |
| 81 | 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 | 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 | 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 | |
| 90 | 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 | |