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C.C.S.M. c. L114
The Legislative Assembly Management Commission Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"assembly offices" means
(a) the office of the Speaker,
(b) the office of the Clerk,
(c) the offices required for the administration of the Assembly, The Legislative Assembly Act and this Act,
(d) the office of the leader of the Official Opposition,
(e) the offices of the leaders of other opposition parties,
(f) the offices of the caucus of the government party, the official opposition and other opposition parties, and
(g) the offices of the members who are not members of the Executive Council; (« bureaux de l'Assemblée »)
"Clerk" means the Clerk of the Assembly; (« greffier »)
"commission" means the Legislative Assembly Management Commission; (« Commission »)
"commissioner" means the Speaker or a commissioner appointed to the commission; (« commissaire »)
"member" means a member of the Legislative Assembly; (« député »)
"official opposition" means the opposition party represented in the Assembly by more members than any other opposition party; (« opposition officielle »)
"other opposition party" means an opposition party other than the official opposition and represented in the Assembly by four or more members; (« autre parti d'opposition »)
"presiding commissioner" means the commissioner elected under subsection 4(2) to preside at meetings of the commission in the absence of the Speaker or when there is no Speaker; (« commissaire présidant »)
"Speaker" means the Speaker of the Assembly and includes, in the absence of the Speaker or when there is no Speaker, the presiding commissioner. (« président »)
The Legislative Assembly Management Commission is continued.
The commission shall be composed of
(a) the Speaker;
(b) four members of the Assembly, and if there are one or more other opposition parties, five members of the Assembly appointed by the government caucus;
(c) three members of the Assembly appointed by the caucus of the official opposition; and
(d) if there are one or more other opposition parties, one member of the Assembly appointed by the caucus of the largest other opposition party.
Commissioners ceasing to be member
A commissioner who, for any reason, ceases to be a member, ceases ipso facto to be a commissioner.
The Speaker is the presiding commissioner of the commission.
Upon the Clerk calling a meeting of the commission pursuant to subsection (4), or when there is no person elected by the commission to preside at its meetings in the absence of the Speaker or when there is no Speaker, or in the absence of such a person, the commission shall, as soon as practicable, elect from among the commissioners a commissioner to preside at meetings of the commission in the absence of the Speaker or when there is no Speaker.
The Clerk is the secretary of the commission.
Calling meetings of the commission
The commission shall meet at the call of the Speaker, or, in the absence of the Speaker or when there is no Speaker, at the call of the presiding commissioner, or, in the absence of both the Speaker and the presiding commissioner or when there is neither a Speaker nor a presiding commissioner, and for the purpose only of electing a presiding commissioner and for the general organization of the commission, at the call of the Clerk.
A quorum of the commission consists of
(a) the Speaker or the presiding commissioner;
(b) one commissioner appointed by the government caucus; and
(c) one commissioner appointed by the caucus of an opposition party;
provided that where the commission meets at the call of the Clerk pursuant to subsection 4(4), clause (a) shall not apply.
Commissioners shall be allowed and paid, from and out of the Consolidated Fund, an indemnity and expenses for attending meetings of the commission on the same basis and the same amounts as members attending meetings of a standing or special committee of the Assembly and the allowances payable under this section shall be paid without any further or other appropriation by the Legislature.
Within 30 days after each meeting of the commission, the Speaker must approve minutes that record the decisions of the commission at that meeting. Before approving the minutes, the Speaker must review them with the house leaders.
Minutes to be distributed and made public
Subject to subsections (3) and (4), the Speaker must ensure that, within 15 days after approving the minutes,
(a) copies of the minutes are distributed to the members; and
(b) after they are distributed to members, a copy of the minutes is posted on the Assembly's website.
Protection of confidential information
A decision about any of the following matters must not be included in the minutes that are circulated or posted under subsection (2) and must not be disclosed to, or made available for inspection by, any member of the public:
(a) a personnel matter relating to one or more employees of the Assembly or to one or more assembly offices;
(b) a legal matter involving existing or anticipated legal proceedings;
(c) a matter relating to the preparation of annual estimates of expenditure of the Assembly and the assembly offices.
The Speaker must ensure that the minutes circulated or posted under subsection (2) do not contain information that identifies an individual.
Duties and responsibility of commission
(a) is responsible for carrying out those Rules of the Assembly and those provisions of The Legislative Assembly Act which relate to the financial management of the Assembly;
(b) shall review the estimates of expenditure and the establishment of positions for staff required for the proper conduct of the business operation of the Assembly and for the Assembly offices and for the Auditor General, the Chief Electoral Officer, the Information and Privacy Adjudicator appointed under The Freedom of Information and Protection of Privacy Act, the Children's Advocate, the Conflict of Interest Commissioner appointed under The Legislative Assembly and Executive Council Conflict of Interest Act, and the Ombudsman and their respective offices;
(c) is responsible, in cooperation with the government, for the provision of facilities and services required by the members of the Assembly, by the caucuses of the various parties to the Assembly and by the leaders of the parties in opposition;
(d) is responsible for formulating administrative policies in respect of the Clerk and the offices required for the administration of the Assembly, The Legislative Assembly Act and this Act;
(e) is responsible subject to the administrative authority of the department of the executive government of the province charged with the responsibility for such security, for maintaining a proper system of security for the Chamber and the Assembly offices; and
(f) may advise upon and give directions respecting the efficient and effective operations and management of the Assembly.
S.M. 1998, c. 6, s. 14; S.M. 2001, c. 39, s. 31; S.M. 2010, c. 33, s. 34.
The commission must, as soon as reasonably practicable after the coming into force of this section, establish criteria or guidelines to ensure public funds are used appropriately in respect of
(a) material printed, mailed or distributed electronically; and
(b) advertising in newspapers, magazines or other periodicals, on the Internet, on radio or television, or on billboards, buses or other property normally used for commercial advertising;
by members and by caucuses of recognized political parties.
In subsection (1), "public funds" means
(a) money paid under section 52.23 of The Legislative Assembly Act; and
(b) money that is appropriated by the Legislature
(i) to enable a member to communicate with his or her constituents, or
(ii) for use by a caucus of a recognized political party or a member who does not belong to the caucus of a recognized political party.
Parties without a commissioner to have a member invited
When calling a meeting of the commission to consider the criteria or guidelines to be established under this section or the mailing expense budget to be established under section 6.3, the Speaker or the presiding commissioner, as the case may be, must also invite a member who has been designated by a political party that is represented in the Assembly but that is not represented on the commission.
Interim criteria or guidelines
If the Speaker is satisfied that the commission has been unable to develop the criteria or guidelines under subsection (1) in a timely fashion and by consensus, the Speaker must, after consulting with the leaders of the political parties represented in the Assembly, appoint an individual whose duty is to prepare interim criteria or guidelines.
Distribution and effective date
Once the individual appointed by the Speaker has prepared the interim criteria or guidelines, he or she must file them with the Speaker, who must then distribute copies to each member. The interim guidelines are effective on the date they are distributed by the Speaker and remain effective until criteria or guidelines are established under subsection (1).
S.M. 2008, c. 43, Sch. E, s. 2.
Annual financial report of caucuses and members
The commission must, as soon as reasonably practicable after the coming into force of this section, establish requirements respecting the annual financial report of a caucus and a member that received an allowance under section 52.23 of The Legislative Assembly Act.
Without limiting subsection (1), the commission may establish requirements respecting
(a) the deadline for filing an annual financial report;
(b) the form of an annual financial report;
(c) the information to be disclosed in an annual financial report; and
(d) the method the Speaker is to use to ensure that annual financial reports are made available to the public.
Speaker to ensure that reports are available
As soon as reasonably practicable after filing, the Speaker must ensure that the annual financial report of a caucus and a member are made available to the public.
S.M. 2008, c. 43, Sch. E, s. 2.
For the 2009-10 fiscal year and for each subsequent fiscal year, the commission must establish a mailing expense budget for members and the caucuses of the various parties to the Assembly, and allocate the budgeted amount among members and the caucuses.
Minimum mailing expense budget: 2009-11 fiscal years
For the 2009-10 and 2010-11 fiscal years,
(a) the total amount of the mailing expense budget established under subsection (1) must not be less than the average of the annual amounts expended by the members in the three fiscal years immediately preceding the 2009-10 fiscal year; and
(b) the percentage of the budget allocated
(i) to the official opposition must not be less than the average percentage of the mailing expense budget expended by the official opposition in each of the three fiscal years immediately preceding the 2009-10 fiscal year, and
(ii) to independent members must not be less than the average percentage of the mailing expense budget expended by independent members in each of the three fiscal years immediately preceding the 2009-10 fiscal year.
For the purpose of determining the amounts expended under subsection (2), the expenses incurred under subsections 52.22(1) and (3) of The Legislative Assembly Act are excluded.
Exceeding budget requires approval
A member or caucus may not exceed its allocated mailing budget without the Speaker's prior approval.
S.M. 2008, c. 43, Sch. E, s. 2.
The commission shall make such reports to the Assembly as it deems necessary in respect of matters relating to its duties and functions and in any event not less than once in every year.
The commission shall determine the method of appointment of staff for the Assembly and for the Assembly offices and may use the facilities of the Civil Service Commission in the employment of staff for the Assembly offices.
Such employees as may be required for the purposes of the Assembly, the Assembly offices, and conducting the business of the commission, may, unless otherwise provided in another Act, be appointed by the commission and every person so appointed shall
(a) discharge and perform such duties as the Assembly and the commission determine; and
(b) be paid a salary or other remuneration as determined by the commission in conformity with the pay scales and classifications established under The Civil Service Act.
Wherever possible and practicable, the commission shall, in lieu of appointing employees under subsection (2), arrange with various departments of the executive government to assign members of the civil service within the departments to discharge and perform duties and functions required for the purposes of the Assembly, the Assembly offices and conducting the business of the commission.
Staff under Civil Service Superannuation Act
The Civil Service Superannuation Act applies to the staff for the Assembly and the staff of the Assembly offices and they shall, as far as possible and practical, have all the rights, privileges and benefits of members of the Civil Service of the province, however they are not civil servants within the meaning of The Civil Service Act and that Act does not apply to them.
Notwithstanding subsection (4) insofar as is practical and possible, the commission shall comply with the provisions of The Civil Service Act.
Upon the commission completing its review of the estimates of expenditure for the Assembly, the Assembly offices, the Auditor General, the Chief Electoral Officer, the Children's Advocate and the Ombudsman and their respective offices, for any fiscal year, the Speaker shall send a copy of the estimates to the Minister of Finance who shall review and, where appropiate and in consultation with the commission, prepare final estimates of expenditure for those purposes and include them in the Main Estimates of Expenditure of the government for that fiscal year.
Consideration of estimates in committee
When the Estimates of Expenditure for the Assembly and the Assembly offices are considered by a committee of the House, a commissioner designated by the Speaker, shall be present to speak to, explain and support the estimates.
The Auditor General must audit the accounts of the commission and the Assembly offices at least once in each year.
S.M. 1998, c. 6, s. 14; S.M. 2001, c. 39, s. 31; S.M. 2004, c. 42, s. 36; S.M. 2008, c. 42, s. 59.
Whenever it is practical, the services and supplies required for the Assembly and the Assembly offices, and for the members for the purposes of permitting them to perform their duties and functions as members, shall be provided through the departments and branches of the executive government which provide similar services and supplies to the various departments of the executive government.
Speaker's authority to purchase, etc.
Subject to subsection (1) and to the supervision of the commission and the Treasury Board and within the limits of moneys appropriated by the Legislature for the purpose or otherwise lawfully available for the purpose the Speaker, for and on behalf of the commission may enter into agreements and purchase services, goods and materials which he considers necessary or advisable for the purposes of carrying out the duties and functions of the commission subject to any limitations or restrictions imposed by the commission.
Position of Commission in using government services
Where, under an Act of the Legislature or regulations made thereunder, ministers of the Crown or departments of the government may use services provided by the government for the purposes of government programs administered under the ministers or through the departments, the Commission may use those services for the purposes of administering the business and activities of the Assembly and for the purposes of that Act or those regulations, the Commission shall be deemed to be a department of the government and to have all the powers and authority of a minister of the Crown.
The commission may delegate any of its duties, powers or authority under section 8, 9, 10 or 12 to the Speaker.
With the approval of the commission, the Speaker may delegate any of his duties, powers or authority in the administration of the affairs of the commission or under this Act, other than the duties, powers and authority to sit and vote as a member of the commission, to the Clerk or other officials of the Assembly or employees of the government.
S.M. 1989-90, c. 19, s. 2 and 3.
Inquiry by Speaker on complaint
Where a complaint or a representation is made to the Speaker of the misconduct or unfitness of any officer, employee, messenger or other person attendant on the Assembly or any member of the staff of the Assembly offices, the Speaker may cause an inquiry to be made into the conduct or fitness of the person.
Speaker may suspend in certain cases
If, upon making an inquiry under subsection (1), the Speaker is satisfied that the person in respect of whom the inquiry was made has been guilty of misconduct or is unfit to hold his position, he may, if the person has been appointed by the commission, suspend him and report the suspension to the commission, and upon the report the commission may quash the suspension, continue the suspension for the period fixed by the Speaker or for a longer or shorter period fixed by the commission or dismiss the person.
Restrictions on suspensions, etc.
Subsection (2) does not apply to an officer or employee the suspension or dismissal of whom is governed by The Civil Service Act or any other Act of the Legislature.
For the purpose of carrying out the provisions of this Act according to their intent, the commission may make rules or regulations ancillary to this Act and not inconsistent therewith or with The Legislative Assembly Act or with the Rules of the Assembly; and any rule or regulation made under this Act is not a regulation within the meaning of The Regulations Act and that Act does not apply to them.
Rules, etc. of Board of Internal Economy
All rules and regulations made by the former Board of Internal Economy commissioners that are in force on the coming into force of this Act continue in force as though they had been made by the Commisson until they are rescinded or varied by the Commission.
All orders, requisitions, agreements, vouchers and decisions issued or made by the former Board of Internal Economy commissioners shall be deemed to have been made by the Commission.