Skip to main content
The Legislative Assembly Act
This is an unofficial archived version of The Legislative Assembly Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. L110

The Legislative Assembly Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1

In this Act,

"Crown agency" means any board, commission, association, or other body, whether incorporated or unincorporated, all the members of which, or of the board of management or board of directors of which,

(a) are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council, or

(b) if not so appointed, in the discharge of their duties are public officers or servants of the Crown, or for the proper discharge of their duties are directly or indirectly, responsible to the Crown,

or any corporation the election of the board of directors of which is controlled by the Crown, directly or indirectly, through ownership of the shares of the capital stock thereof by the Crown or by a board, commission, association, or other body which is a Crown agency within the meaning of this definition; ("organisme de la Couronne")

"fiscal year" means the fiscal year of the government; ("exercice")

"member" means a member of the Assembly. ("député")

"speaker" means the Speaker of the Assembly. ("orateur")

PART I

COMPOSITION OF LEGISLATURE

Composition of Legislature.

2

The Legislature of the Province of Manitoba shall consist of the Lieutenant Governor and the Legislative Assembly.

COMPOSITION AND DURATION OF ASSEMBLY

Composition of assembly.

3(1)

The Legislative Assembly shall be composed of 57 members elected to represent the electoral divisions into which the province is divided.

Representation of electoral divisions.

3(2)

Each electoral division of the province shall be represented in the Legislative Assembly by one member.

Duration of assembly.

4(1)

Every Legislative Assembly shall continue for five years from the 10th day after the day upon which polling takes place for the general election of members; but the Lieutenant Governor may at any time dissolve the assembly if he deems it advisable.

Interpretation.

4(2)

The expression "the day upon which polling takes place for the general election of members" used in subsection (1) means the day upon which polling takes place generally and not the day upon which polling takes place upon an election which is deferred under The Election Act.

Session once a year.

5

There shall be a session of the Legislature at least once in every year, so that 12 months shall not intervene between the last sitting of the Legislature in one session and the first sitting in the next.

Assembly not dissolved by demise of Crown.

6(1)

The Legislative Assembly shall not determine or be dissolved by the demise of the Crown, but shall continue and may meet, convene and sit, proceed and act, in the same manner as if the demise had not happened.

Prerogative saved.

6(2)

Nothing in this section alters or abridges the power of the Crown to prorogue or dissolve the Legislative Assembly.

Prorogation of Legislature.

7

It is not necessary for the Lieutenant Governor in proroguing the Legislature to name any day to which it is prorogued, or to issue a formal proclamation for a meeting of the Legislature when it is not intended that the Legislature shall meet for the dispatch of business.

QUORUM

Quorum.

8

The quorum required for the transaction of business in the Legislative Assembly is 10, of whom the Speaker may be one.

SPEAKER'S VOTE

Decision of questions in assembly.

9

Questions arising in the Legislative Assembly shall be decided by a majority of votes other than those of the Speaker; and when the votes are equal, but not otherwise, the Speaker has a vote.

QUALIFICATION OF MEMBERS

Oath of members.

10

Every member of the Legislative Assembly, before taking his seat therein, shall take and subscribe before the Lieutenant Governor or before some person authorized by him the fol lowing oath of allegiance:

"I, A.B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second (or as the case may be)".

Senators, M. P.s etc. ineligible.

11

No person who is a member of the Senate or the House of Commons of Canada, or who is a member of the Legislative Assembly of any other province of Canada, is eligible to be nominated for, or elected as, a member of the Legislative Assembly, or is capable of sitting or voting in the assembly.

Certain office holders ineligible.

12

Except as hereinafter specially provided, no person accepting or holding any office, commission or employment, or performing any duty, in respect of which any salary, fee, payment, allowance, or emolument, is payable from the Crown in right of the province, is eligible to be nominated for, or elected as a member of, the Legislative Assembly; nor shall he sit or vote in the assembly during the time he holds the office, commission, or employment, or he is performing the duty, or the salary, payment, allowance, or emolument, is payable to him.

Exception respecting members of Executive Council.

13

Notwithstanding anything in this Act or any other Act, a member of the Executive Council whether in receipt of salary, allowance, fees or remuneration or not, is not ineligible to be nominated for, or elected as, a member of the Legislative Assembly; nor is he disqualified from sitting or voting in the assembly, if he is elected while he holds such an appointment, nor shall a member of the assembly who is appointed a member of the Executive Council, whether in receipt of salary, allowance, fees or remuneration or not, by reason only of the acceptance of the appointment, vacate his seat or be disqualified from sitting or voting in the assembly.

Exception respecting judicial officers.

14

Nothing in section 12 renders a justice of the peace, magistrate or part-time provincial judge appointed under The Provincial Court Act ineligible to be nominated for, or elected as a member of, the Legislative Assembly; but a justice of the peace, magistrate or part-time provincial judge who is elected as a member of the Assembly must resign from the judicial office before being eligible to sit or vote in the assembly.

Exception respecting Speaker and Deputy Speaker.

15

Nothing in section 12 disqualifies the Speaker or Deputy Speaker from sitting or voting in the Legislative Assembly.

Acceptance of payments by members.

16(1)

A member of the assembly may accept from the government any indemnity, allowance, salary and reimbursement for expenses authorized under this Act or The Executive Government Organization Act, and reimbursement approved by the Provincial Auditor for reasonable expenses incurred by the member in transacting public business pursuant to a resolution of the assembly, or have any or all of those expenses paid for him on his behalf by the government; and nothing in this Act disqualifies the member from sitting and voting in the assembly or subjects him to penalty for accepting the indemnity, allowance, salary or reimbursement or because those expenses have been paid for him on his behalf; but nothing in this section authorizes a member to accept appointment to a statutory board, commission or body the remuneration in respect of which is paid from the Consolidated Fund or to accept remuneration or reimbursement from the government in respect of any duties performed as a member of or on the direction of any statutory board, commission or body.

Exception under sec. 44 of Civil Service Act.

16(2)

Notwithstanding anything in this Act, or any other Act of the Legislature, a person to whom leave of absence is granted under, and who complies with, section 44 of The Civil Service Act is not ineligible to be nominated for, or elected as, a member of the Legislature, nor is he disqualified, while he is on leave of absence under section 44 of The Civil Service Act, from sitting or voting in the assembly.

Exceptions.

17(1)

Nothing in this Act renders any person ineligible to be nominated for, or elected as a member of, the Legislative Assembly, or disqualifies the person from sitting or voting in the assembly, by reason only of the person

(a) having been, before being elected as a member, an employee of a Crown agency which is engaged in a commercial enterprise, and having been covered by a collective agreement between that Crown agency and a bargaining agent for a unit of employees which included the person, continuing his employment with the Crown agency under the terms and conditions of the collective agreement: or

(b) being an issuer of marriage licences, a division registrar or a deputy division registrar under The Vital Statistics Act, a person authorized to register motor vehicles and issue licences and permits under The Highway Traffic Act, a licensee under The Liquor Control Act, or the issuer of licences and permits under The Fisheries Act or The Wildlife Act, and paid fees in connection therewith; or

(c) receiving a commission for the collection of any tax imposed under an Act of the Legislature where the person is required under that Act to collect the tax in the ordinary course of business and the commission is received in conformity with that Act and the regulations made thereunder; or

(d) entering into an agreement, under any Act of the Legislature imposing a tax, for the collection of the tax, and receiving a commission pursuant to any such agreement, where the person is required under that Act to collect the tax in the ordinary course of business and the agreement and the commission are in conformity with that Act and the regulations made thereunder; or

(e) entering into an agreement with The Manitoba Public Insurance Corporation to act as agent for that corporation in respect of, and receiving commmissions for, the issuing and sale of insurance under The Manitoba Public Insurance Corporation Act; or

(f) being a member of the Law Society of Manitoba and receiving fees and disbursements for furnishing legal aid under The Legal Aid Services Society of Manitoba Act; or

(g) being a medical practitioner and receiving fees, benefits or other remuneration under an agreement made in accordance with The Health Services Insurance Act; or

(h) being a medical examiner.

General exception.

17(2)

Nothing in this Act renders any person ineligible to be nominated for, or elected as, a member of the Legislative Assembly, or disqualifies him from sitting or voting in the Assembly, by reason of the person holding office, at the time of his nomination for, or election as, a member of the Legislative Assembly, as a member of a statutory board, commission or body the remuneration in respect of which is paid from the Consolidated Fund, or by reason of having accepted remuneration or reimbursement from the government in respect of any duties performed as a member of or on the direction of a statutory board, commission or body

(a) if the person does not act as a member of the statutory board, commission or body after the day fixed for nominations for the election for which he is nominated or at which he is elected, and

(b) if he remits to the government all moneys which he received by way of remuneration or reimbursement in respect of any duties performed after the day on which the Writ of Election was issued for that election, as a member of or on the direction of the statutory board, commission or body; and this subsection shall be deemed always to have been the law.

Questions arising under this section.

17(3)

Where a question arises as to whether subsection (1) or (2) applies in respect of a member of the assembly, the member or any other member of the assembly may refer the question to the Standing Committee of the Assembly on Privileges and Elections which shall determine the question and the determination of the committee is final and binding on all persons.

Conviction of member.

18(1)

Subject to subsection (3), where a member is convicted of an indictable offence for which he is sentenced to imprisonment for a term of five years or more, he is ineligible to sit or vote as a member, and

(a) if, on the expiry of the time allowed for bringing an appeal of the conviction or of any decision of a court upholding the conviction in an appeal of the conviction, he has not commenced an appeal of the conviction or of the decision, as the case may be; or

(b) if on an appeal of the conviction, or of a decision upholding the conviction, to a court from which there is no further appeal, the court upholds the conviction;

the member is disqualified as a member and his seat is vacated.

Ineligibility for indemnities, etc.

18(2)

Where subsection (1) applies to a member, he shall not be paid any indemnity or allowance under this Act for or in respect of the period during which he is ineligible to sit or vote as a member.

Removal of ineligibility.

18(3)

Where a conviction mentioned in subsection (1) is set aside by a court of competent jurisdiction or a court of competent jurisdiction reduces the sentence to less than five years imprisonment, the ineligibility of the member to sit or vote as a member or to receive indemnities and allowances is terminated.

Authority to pay withheld indemnities.

18(4)

Where a conviction mentioned in subsection (1) is set aside by a court of competent jurisdiction, the assembly may, by resolution, authorize the payment to the member affected of any indemnity or allowance, or a part thereof, withheld from the member under subsection (2).

Pro-rating of sessional payments for subsec. (2).

18(5)

For the purpose of applying subsection (2), any indemnity or allowance payable under this Act for or in respect of a session of the assembly shall be conclusively deemed to be earned during the session and where he is ineligible to sit or vote as a member for part of the session, he shall not be paid a pro-rata portion of the indemnity or allowance for that part of the session.

Election of ineligible person void.

19

Where a person ineligible to be nominated for, or elected as, a member of the Legislative Assembly is nevertheless elected and returned as a member, his election and return is void.

Seat vacant on disqualification.

20(1)

Where a member of the Legislative Assembly becomes disqualified from sitting or voting in the assembly under section 11 or 12 or becomes disqualified from office under The Legislative Assembly and Executive Council Conflict of Interest Act, his election becomes void and his seat is vacated.

How vacancy treated.

20(2)

In any case mentioned in subsection (1) the vacancy shall be treated as one occurring through death.

May be re-elected.

20(3)

Notwithstanding anything in this section, the person may be re-elected if he is eligible.

Penalty for disqualified persons sitting in assembly.

21

Where a person ineligible to be nominated for, or elected as, a member of the Legislative Assembly or disqualified from sitting or voting in the assembly, sits or votes therein or continues to sit or vote, as the case may be, he is guilty of an offence and is liable, on summary conviction, to a fine of $200. for each and every day on which he so sits or votes.

VACATING OF SEATS

Resignation of member.

22

Any member of the Legislative Assembly may resign his seat,

(a) by giving, in his place in the assembly, notice of his intention to resign, in which case, after the notice has been entered by the clerk of the assembly in the journals, the seat of the member thereupon becomes vacant; or

(b) by addressing and causing to be delivered to the Speaker a declaration of his intention to resign, made in writing under his hand before two witnesses, which declaration may be so made and delivered either before or during a session of the Legislature, or in the interval between two sessions, and upon receipt thereof by the Speaker the seat of the member thereupon becomes vacant.

Resignation when no Speaker.

23

Where a member of the Legislative Assembly wishes to resign his seat, during or before a session of the Legislature, or in the interval between two sessions and there is then no Speaker, or the Speaker is absent from the province, or the member is himself the Speaker, he may address and cause to be delivered to any two members of the assembly the declaration mentioned in clause 22(b); and upon the receipt thereof by the two members the seat of the member thereupon becomes vacant.

Duty of Speaker or two members receiving resignation.

24

Upon receiving the notice of intention or the declaration the Speaker or the two members of the Legislative Assembly, as the case may be, shall forthwith address a request to the Lieutenant Governor in Council for the passing of an order in council for the filling of the vacancy under The Election Act.

Notice of vacancy caused in any other way than by resignation.

25

Subject to section 71 of The Controverted Elections Act, in any case of a vacancy in the representation of an electoral division created in any other way than by resignation, any two members of the Legislative Assembly may give notice of the vacancy to the Lieutenant Governor in Council and request the passing of an order in council for the filling of the vacancy under The Election Act.

Vacancy before first session of a Legislature.

26

If a vacancy of the kind mentioned in section 25 occurs subsequently to a general election and before the first meeting of the Legislature thereafter, the notice and request to the Lieutenant Governor in Council may be given by two members of the Legislative Assembly of whose election the Clerk of the Executive Council has had due notice.

Vacancies to be filled within one year.

27

No vacancy in the representation of an electoral division shall remain unfilled for more than one year.

THE SPEAKER

Election of Speaker.

28(1)

The Legislative Assembly, on its first assembling after a general election, shall proceed with all practicable speed to elect one of its members to be Speaker.

Election when vacancy.

28(2)

In case of a vacancy happening in the office of Speaker by death, resignation, or otherwise, the assembly shall proceed with all practicable speed to elect another of its members to be Speaker.

Presiding officer.

28(3)

The Speaker shall preside at all meetings of the assembly.

Deputy Speaker.

29(1)

The Legislative Assembly may elect a Deputy Speaker, and in any case where the Speaker, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the assembly in any day, he may call upon the Deputy Speaker, or in his absence upon any member of the assembly to take the chair and act as Speaker during the remainder of the day, unless the Speaker himself resumes the chair before the close of the sittings of that day.

Acting as Speaker.

29(2)

The Deputy Speaker or member so called upon shall take the chair and act as Speaker accordingly.

Deputy Speaker acting in absence of Speaker.

30(1)

Where the Legislative Assembly is informed by the clerk at the table, of the absence of the Speaker, the Deputy Speaker, if present, shall take the chair and shall perform the duties and exercise the authority of the Speaker in relation to all proceedings of the assembly until the meeting of the assembly on the next sitting day, and so on from day to day on the like information being given to the assembly, until the assembly otherwise orders.

Duration of power of deputy.

30(2)

Where the assembly adjourns for more than 24 hours, the Deputy Speaker shall continue to perform the duties and exercise the authority of the Speaker for 24 hours only after the adjournment.

When Speaker and Deputy Speaker both absent.

31

Where the Legislative Assembly is informed by the clerk at the table of the absence of the Speaker and the Deputy Speaker, the assembly may elect a member to take the chair and act as Speaker for that day.

Validation of proceedings.

32

Where, at any time during a session of the Legislative Assembly, the Speaker is absent from the assembly, and the Deputy Speaker or a member thereupon performs the duties and exercises the authority of the Speaker as hereinbefore provided, or pursuant to the rules or other order, or a resolution of the assembly, every act done and proceeding taken in or by the assembly, in the exercise of its powers and authority, is as valid and effectual as if the Speaker himself were in the chair.

Validation of acts of Deputy Speaker.

33

Every act done, and warrant, order, or other document issued, signed, or published, by the Deputy Speaker or member acting as hereinbefore provided in relation to any proceedings of the Legislative Assembly, or which under any statute would be done, issued, signed, or published, by the Speaker if then present and acting, has the same effect and validity as if it had been done, issued, signed or published, by the Speaker himself.

POWERS AND PRIVILEGES OF ASSEMBLY SUMMONING WITNESSES AND TAKING EVIDENCE

Power to compel attendance of witnesses.

34

The Legislative Assembly may, at all times, command and compel the attendance before it or any committee thereof, of such persons, and the production of such papers and things, as the assembly or committee may deem necessary for any of its proceedings or deliberation.

Warrant for attendance of witnesses.

35(1)

Where the Legislative Assembly requires the attendance of any person before the assembly or before any committee thereof, the Speaker may issue a warrant or subpoena to the person named in the order of the assembly, requiring the attendance of the person before the assembly or a committee thereof and the production of such papers and things as are ordered.

Form of warrant.

35(2)

Every warrant may command the aid and assistance of all sheriffs, bailiffs, constables, and others, and any refusal or failure to give aid and assistance, when required, is a contravention of this Act.

Examination on oath.

36(1)

The Legislative Assembly may examine on oath any witness at the bar of the assembly.

Administration of oath.

36(2)

The oath may be administered by the Speaker.

Power of committees to examine on oath.

37(1)

Any standing or select committee of the Legislative Assembly to which any bill, or other matter or cause, has been referred by the assembly, may examine witnesses upon oath upon matters relating to the bill, matter or cause.

Administration of oath.

37(2)

The chairman or any member of the committee may administer the oath to any witness.

Extra-mural examination of witnesses.

38

Where the evidence of any person is required in connection with any matter that is the subject of inquiry by the Legislative Assembly or any committee thereof, and it is necessary to take his evidence outside the assembly or committee, the Speaker, when thereunto authorized by a resolution of the assembly, may make an order for the examination, upon oath before any person, at any place, of such person.

Assembly, court of record.

39

The assembly is a court of record and possesses all the rights, powers, and privileges, of a court of record for the purposes of sections 34 to 37.

JURISDICTION OF ASSEMBLY

Judicial powers of assembly in certain matters.

40(1)

The Legislative Assembly has the rights, powers, and privileges, of a court for the purpose of summarily inquiring into and punishing, as breaches of privilege or as contempt of court, the acts, matters, and things, following:

(a) assaults, insults to, or libels upon, members of the assembly during the session of the Legislature;

(b) obstructing, threatening, or attempting to coerce or intimidate, members of the assembly;

(c) the offering of a bribe to, or acceptance of, a bribe by, any member of the assembly to influence him in his proceedings as such, or the offering of any compensation to, or acceptance of any compensation by, any member for, or in respect of the promotion of any bill, resolution, matter, or thing, submitted to, or intended to be submitted to, the assembly or any committee thereof;

(d) assaults upon, or interference with, officers of the assembly, while in the execution of their duty;

(e) tampering with any witness in regard to evidence to be given by him before the assembly or any committee thereof;

(f) presenting to the assembly or any committee thereof any forged or falsified document with intent to deceive the assembly or committee;

(g) forging, falsifying, or unlawfully altering, any of the records of the assembly, or of any committee thereof, or any document or petition presented or filed, or intended to be presented or filed, before the assembly or committee, or the setting or subscribing by any person, of the names of any other person to any document or petition with intent to deceive;

(h) giving false evidence, or prevaricating or otherwise misbehaving in giving or refusing to give evidence or produce papers, before the assembly or any of its committees:

(i) disobedience to subpoenas or warrants issued under the authority of this Act to compel the attendance of witnesses before the assembly or any of its committees;

(j) the bringing of any civil action or prosecution against, or the causing or effecting of any arrest or imprisonment of, any member of the assembly, for or by reason of any matter or thing brought by him by petition, bill, resolution, motion, or otherwise, or by reason of anything said by him before the assembly;

(k) the causing or effecting of the arrest, detention, or molestation, of any member of the assembly for any debt or cause whatever of a civil nature, during any session of the Legislature.

Necessary and incidental powers.

40(2)

For the purposes of this Act, the assembly possesses all such powers and jurisdiction as may be necessary or expedient for inquiring into, judging, and pronouncing upon, the commission or doing of any of the acts, matters, or things, and awarding and carrying into execution the punishment thereof, provided for by this Act.

Penalty for breach of section 40.

41

Every person who, upon such an inquiry, appears to have committed or done any of the acts, matters, or things, mentioned in section 40, in addition to any other penalty or punishment to which he is by law subject, is liable to an imprisonment for such time as is determined by the assembly.

Warrant of committal upon imprisonment.

42(1)

Where the Legislative Assembly declares that any person has been found guilty of any breach of privilege or of a contempt in respect of the acts, matters, and things, mentioned in section 40, and directs that the person be kept and detained in the custody of the Sergeant-at-Arms attending the assembly, the Speaker shall issue his warrant to the Sergeant-at-Arms to take the person into custody in accordance with the order of the assembly.

Speaker's warrant.

42(2)

Where the assembly directs that the imprisonment be in a correctional institution, the Speaker shall issue his warrant to the Sergeant at Arms and to the governor or keeper of the correctional institution, commanding the Sergeant at Arms to take the person into custody and to deliver him to the governor or keeper to receive and keep and detain him in custody in accordance with the order of the assembly.

Assembly's decision final.

43

The determination of the Legislative Assembly upon any proceedings under this Act is final and conclusive.

IMMUNITIES AND PRIVILEGES

No liability for act done under authority of assembly.

44

No person is liable in damages or otherwise for any act done under the authority of the Legislative Assembly and within its legal power or under or by virtue of any warrant or subpoena issued under that authority.

Protection of members from actions.

45(1)

No member of the Legislative Assembly is liable to any civil action or prosecution, arrest, imprisonment, or damages,

(a) by reason of any matter or thing brought by him by petition, bill, resolution, motion, or otherwise; or

(b) by reason of anything said by him before the assembly or any committee thereof.

Except for breach of Act member immune from civil arrest during session.

45(2)

Except for a contravention of this Act, or The Legislative Assembly and Executive Council Conflict of Interest Act, no member of the Legislative Assembly is liable to arrest, detention, or molestation, for any debt or cause whatever of a civil nature during any session of the Legislature.

Members, etc. exempt from jury service.

46

All members, officers, and employees, of the Legislative Assembly and all witnesses summoned to attend before the assembly or any committee thereof, are exempt from attending or serving as jurors before any court in the province during any session of the Legislature.

Rights under Conflict of Interest Act.

47

Nothing in sections 40 to 46

(a) shall be interpreted to abridge or deny any duty imposed, or any right, privilege or power granted, under The Legislative Assembly and Executive Council Conflict of Interest Act; or

(b) authorizes the Legislative Assembly to inquire into the conduct of any court proceeding under The Legislative Assembly and Executive Council Conflict of Interest Act or to punish any person for initiating or participating in any court proceeding under that Act.

RESPECTING ACTIONS

Protection to person publishing report.

48(1)

Where a civil proceeding against any person is commenced for or in respect of the publication of any report, paper, votes, or proceedings, of the Legislative Assembly published by the person by or under the authority of the assembly, the person may lay before the court in which the proceeding is pending a certificate under the hand of the Speaker, or of the clerk of the assembly, stating that the report, paper, votes, or proceedings, in respect to which the proceedings or prosecution was commenced was published by the person by order or under the authority of the assembly, and the certificate shall be verified by an affidavit.

Stay of proceedings.

48(2)

The court shall thereupon immediately stay the proceeding or prosecution, and it shall be finally put an end to, determined, and superseded.

Protection to person in publishing copy of report.

49(1)

Where a civil proceeding against any person is commenced for or in respect of the publication of a copy of any report, paper, votes, or proceedings, of the Legislative Assembly, the defendant at any stage of the proceedings may lay before the court the report, paper, votes, or proceedings, and the copy, with an affidavit verifying the report, paper, votes, or proceedings, and the correctness of the copy.

Stay of proceedings.

49(2)

The court shall thereupon immediately stay the proceeding or prosecution, and it shall be finally put an end to, determined, and superseded.

Bona fide publication a defence.

50

In any civil proceeding against any person for publishing any extract from, or abstract of, any report, paper, votes, or proceedings, of the Legislative Assembly, if the defendant shows that the extract or abstract was published bona fide and without malice it is a good defence to the proceeding.

Journals of House as evidence.

51

A copy of the journals of the Legislative Assembly, printed or purporting to be printed by order of the assembly, shall be admitted as evidence of the journals by all courts, justices, and others, without any proof being given that the copies were so printed.

SAVING CLAUSE

Act not to abridge rights and privileges.

52

Except so far as is provided in this Act, nothing herein deprives the Legislative Assembly, or any committee or member thereof, of any rights, immunities, privileges, or powers, that the assembly, committee, or member might, but for this Act, have been entitled to exercise or enjoy.

INDEMNITY OF MEMBERS

Annual indemnities and allowances.

53(1)

Subject to subsection (3) and to section 18, there shall be allowed and paid for each fiscal year to each member

(a) an indemnity in an amount determined in accordance with subsection (3); and

(b) an allowance for expenses incidental to the discharge of his duties as a member in an amount equal to one-half the indemnity payable under clause (a) for that fiscal year.

Additional allowance to Speaker, etc.

53(2)

In addition to the amount allowed and payable under any other provision of this Act, there shall be allowed and paid for each fiscal year

(a) to the Speaker, an indemnity of $12,000., an annual allowance for services performed when the House is not in session of $3,500. and such expenses, not exceeding $3,000. , as may be approved by the Provincial Auditor;

(b) to the Deputy Speaker, an indemnity of $3,500. and such expenses, not exceeding $500., as may be approved by the Provincial Auditor;

(c) to the member elected as deputy chairman of the Committees of the Whole House, an indemnity of $2,500. ;

(d) to the member recognized by the Speaker as occupying the position of government whip, an indemnity of $2,500.;

(e) to the person recognized by the Speaker as occupying the position of the house leader of the official opposition, an indemnity of $2,500.; and

(f) to the member recognized by the Speaker as occupying the position of opposition whip, an indemnity of $2,500.

Cost of living increases.

53(3)

The indemnity allowed and payable to a member under clause (l)(a) for any fiscal year shall be increased over and above the amount payable as an indemnity in the next previous fiscal year by an amount obtained by multiplying

(a) the percentage increase in the consumer price index for Canada between December 31 in the second fiscal year immediately preceding the fiscal year for which the indemnity is paid and December 31 in the fiscal year immediately preceding the fiscal year for which the indemnity is paid;

by

(b) the average yearly industrial aggregate wage for Manitoba for the numerical year ending before the beginning of the fiscal year for which the indemnity is paid as that average is calculated by the Manitoba Bureau of Statistics on the basis of the average weekly wage, industrial aggregate for the month for Manitoba for the months in that numerical year as determined by Statistics Canada and set out in the Manitoba Statistical Review issued by the Manitoba Bureau of Statistics.

Sessional per diem allowance.

54(1)

For each session of the Legislature there shall be allowed and paid to each member who represents an electoral division that is wholly or partly outside the City of Winnipeg, other than a member whose ordinary residence is within the City of Winnipeg, and who is attending the session, a living allowance of $40. for each day from the opening of the session to prorogation or dissolution, excepting days during an adjournment of the Assembly for a period of 10 or more continuous days.

Where two residences maintained.

54(2)

For each session of the Legislature there shall be allowed and paid to each member who

(a) represents an electoral division that is wholly outside the City of Winnipeg;

(b) maintains both a residence in the electoral division and, for purposes of attending the session, a residence in the City of Winnipeg; and

(c) is attending the session;

a living allowance of $65. for each day from the opening of the session to prorogation or dissolution, excepting days during an adjournment of the Assembly for a period of 10 or more continuous days.

Scope of entitlement.

54(3)

The entitlement to an allowance under subsection (1) or (2) is in addition to the amounts allowed and payable under any other provision of this Act but no member shall receive an allowance under both subsection (1) and subsection (2).

Payment of allowance.

54(4)

An allowance payable under this section shall be paid in respect of each period of two weeks during the session.

Indemnities etc. payable without votes.

55(1)

The indemnities and allowances allowed and payable to the members under this Act, shall be paid from and out of the Consolidated Fund without any further or other appropriation by the Legislature.

Indemnities and allowances earned pro rata.

55(2)

The indemnities and allowances allowed and payable under section 53 to a member for a fiscal year shall be conclusively deemed to be earned during the fiscal year and where a member is a member for part only of the fiscal year or holds an office mentioned or is recognized as occupying a position for part only of the fiscal year, he is entitled to the pro rata portion of the indemnities and allowances mentioned in section 53 as allowed and payable to a member or for the office or position, as the case may be, for that part only of the fiscal year.

Method of payment of indemnities etc.

55(3)

The indemnities and allowances allowed and payable under section 53 to a member for a fiscal year shall be paid pro rata throughout the fiscal year in accordance with the practices followed for the payment of salaries to employees of the government.

Interpretation.

55(4)

For purposes of this section and section 53

(a) a member is elected and becomes entitled to indemnities and allowances under subsection 53(1) as of the day of general polling in the election in which he is elected;

(b) a member ceases to be entitled to the indemnities and allowances under subsection 53(1) on the day he ceases to be a member;

(c) a member becomes entitled to an indemnity or allowance under subsection 53(2) for an office or position as of the day he is elected to the office or is first recognized by the Speaker as occupying the position;

(d) a member ceases to be entitled to an indemnity or an allowance under subsection 53(2) for an office or a position as of the day he ceases to hold that office or ceases to be recognized by the Speaker as occupying the position;

(e) a member ceases to be a member

(i) where he dies, on the date of his death,

(ii) where he resigns, on the day he gives notice of his resignation in his place in the assembly or delivers his written declaration of his intention to resign to the Speaker or to two members,

(iii) where the assembly is dissolved, on the day immediately before the day of general polling for the ensuing general election of members,

(iv) where the member's seat is vacated under section 18 or 20, other than by reason of disqualification from office under The Legislative Assembly and Executive Council Conflict of Interest Act, on the day that the Speaker determines as the day on which the seat becomes vacant,

(v) where the member's election is declared void under The Controverted Elections Act, on the day the judgment that sets out the declaration is delivered, and

(vi) where the member is disqualified from office under The Legislative Assembly and Executive Council Conflict of Interest Act,

(A) if the disqualification results from a judgment of the Court of Queen's Bench, on the day the judgment is delivered,

(B) if the disqualification does not result from a court judgment, on the day prescribed by that Act for the disqualification to occur;.

(f) where a member is elected or recognized as occupying an office or position mentioned in subsection 53(2) on the first day of the first session of the assembly after a general election, he shall be deemed to have been elected to that office or to have been first recognized by the Speaker as occupying the position as of the day of general polling at the general election;

(g) where a member holds or is recognized as occupying an office or position mentioned in subsection 53(2) on the day the assembly is dissolved, he shall be deemed to continue to hold the office or to be recognized as occupying the position until the day immediately before the day of general polling at the ensuing general election of members;

(h) where a member who holds an office or is recognized as occupying a position mentioned in subsection 53(2) ceases to be a member, he ceases to hold the office or be recognized as occupying the position on the day he ceases to be a member; and

(i) where a member ceases to hold an office or be recognized as occupying a position mentioned in subsection 53(2) or for any other reason, he shall be conclusively deemed to have ceased to hold the office or be recognized as occupying the position on the day that his successor in office is elected or his successor in the position is first recognized by the Speaker.

Allowance for opposition leader.

56(1)

During each fiscal year there shall be allowed and paid to the member recognized by the Speaker as occupying the position of the leader of the opposition a salary equal to the highest remuneration fixed under The Executive Government Organization Act for members of the Executive Council other than the President of the Council.

Allowance to leader of other opposition party.

56(2)

During each fiscal year there shall be allowed and paid to the member recognized by the Speaker as occupying the position of the leader of a recognized opposition party a salary and expense allowance provided in the appropriations for the leader of the recognized opposition party.

Manner of payment.

56(3)

The salaries and expense allowances payable under subsections (1) and (2) shall be paid at the same times and in the same manner as salaries and representation allowances are paid to members of the Executive Council, and shall be paid on a pro rata basis for as long as the recipient occupies the relevant position.

Ceasing to occupy relevant position.

56(4)

A person entitled to be paid a salary and expense allowance under subsection (1) or (2) ceases to occupy the relevant position

(a) upon resigning his seat; or

(b) upon the Speaker ceasing to recognize him as the person occupying the relevant position; or

(c) where the House is dissolved and the person is not a candidate in the ensuing election, upon nomination day of the election; or

(d) where the House is dissolved and the person is a candidate in the ensuing election but is not elected, upon election day of the election;

whichever is the earlier.

Succession of leaders.

56(5)

Where a person ceases to occupy a relevant position to qualify him for a salary and expense allowance under subsection (1) or (2) and another member succeeds him in that position, the succeeding member becomes qualified to receive the salary and expense allowance on the day that the Speaker certifies as the day that the succeeding member first occupied the relevant position; and, for the purposes of this subsection, the Speaker may certify a date retroactively or a date prior to the date of his election as Speaker, but not a date prior to the date that a predecessor in the relevant position ceased to occupy the relevant position.

Definitions.

56(6)

In this section

"official opposition" means the members of the assembly belonging to the political party that is represented in the assembly by the second largest number of members; ("opposition officielle")

"recognized opposition party" means the members of the assembly who belong to a political party that is represented in the assembly by four or more members and that is not

(a) the political party represented in the assembly by the largest number of members, or

(b) the official opposition. ("parti d'opposition reconnu")

Powers of Speaker exercised by clerk.

56(7)

Where there is no Speaker and the Legislature is not in session, the clerk of the assembly may perform and exercise the duties, functions and powers of the Speaker under this section.

Appointment of legislative assistants.

57(1)

The Lieutenant Governor in Council may appoint a member as a legislative assistant to a member of the Executive Council; but there shall not be, at any time, more than six members who are legislative assistants to members of the Executive Council.

Remuneration of legislative assistants.

57(2)

During each fiscal year there shall be paid to each member who has been appointed as a legislative assistant to a member of the Executive Council

(a) a salary fixed by the Lieutenant Governor in Council; and

(b) reasonable expenses incurred by the legislative assistant in assisting the member of the Executive Council and as approved by the Provincial Auditor.

Time and manner of payment.

57(3)

The salary payable under subsection (2) shall be paid at the same times and in the same manner as salaries are paid to members of the Executive Council, and shall be paid on a pro rata basis for as long as the recipient remains a legislative assistant to a member of the Executive Council.

Travel allowance to members.

58(1)

Subject to subsections (2) and (3) there shall be allowed and paid to each member, except a member for an electoral division that is wholly or partly within The City of Winnipeg, a travel allowance for expenses incurred by the member in travelling between the electoral division which the member represents and the Legislative Building and for travel within the electoral division.

Maximum travel allowance.

58(2)

The total of the travel allowance payable under subsection (1) to any member shall not exceed, in any fiscal year, the product of 52 times the allowance which would be payable to a civil servant pursuant to The Civil Service Act and the regulations made thereunder for a single trip of the distance, as determined and certified by the Speaker or the Clerk of the Legislative Assembly, that it is necessary to travel

(a) from the residence, if any, of the member in the electoral division; or

(b) if the member does not reside in the electoral division, but at the time he was first nominated for candidacy in the electoral division, or at any time thereafter, he resided in the electoral division, from the latest place of residence of the member in the electoral division; or

(c) where the member does not reside in the electoral division and did not reside there at the time he was first nominated or at any time thereafter, from the place in the electoral division at which nominations were received under The Election Act for the latest election held in the electoral division;

to the Legislative Building and back in a private automobile, or, where the trip cannot reasonably be made by private automobile, by a regularly scheduled public carrier, or, where the trip cannot reasonably be made by a private automobile or by regularly scheduled public carrier, by any other reasonable means by which the trip can be made.

Expense account for travel allowance.

58(3)

The travel allowance payable under subsection (1) shall be paid to a member on the basis of accounts submitted by the member to the Clerk of the House and approved by the Speaker.

Constituency allowance.

59(1)

Subject to subsection (2), there shall be allowed and paid in respect of each fiscal year to each member a constituency allowance not exceeding $3,500., for expenses incurred by the member in serving residents of the electoral division for which the member was elected.

Basis of expenses.

59(2)

The constituency allowance payable under subsection (1) shall be paid

(a) on the basis of accounts submitted by the member to the Clerk of the House and approved by the Speaker; and

(b) for only those expenses of the types which are identified in the Rules made by the Legislative Assembly Management Commission as types of expenses for which a constituency allowance may be paid under this section including, without limiting the generality of the foregoing, expenses for office rental, utility services for the office, salaries for staff, stationery and office supplies and equipment.

Access allowance.

59(3)

Subject to subsection (4) there shall be allowed and paid in respect of each fiscal year to each member an access allowance not exceeding $6,000. for expenses incurred by the member to permit the member to hold meetings with constituents, to prepare and distribute informational material relating to constituency matters, to disseminate information to constituents and for such other matters as may be determined in the Rules made by Legislative Assembly Management Commission together with office and personnel expenses associated therewith.

Basis of expenses.

59(4)

The access allowance payable under subsection (3) shall be paid

(a) on the basis of accounts submitted by the member to the Clerk of the House and approved by the Speaker; and

(b) for only those types of expenses that are identified in the Rules made by the Legislative Assembly Management Commission as types of expenses for which an access allowance may be paid under this section.

Pro-rata allowance.

59(5)

For the fiscal year ending March 31, 1987, the amount of the access allowance payable under subsection (3) shall be paid pro-rata for the portion of that fiscal year that subsection (3) is in force.

Constituency expenses after ceasing to be member.

59(6)

Where a person ceases to be a member because of death or the dissolution of the Assembly, expenses incurred by the person within such period after the person ceases to be a member as may be prescribed for the particular circumstances or types of expenses under the rules made by the Legislative Assembly Management Commission, for the purpose of providing service to the residents of the electoral division for which the member was elected shall be deemed to be expenses incurred by the member while a member in serving residents of the electoral division for which the member was elected.

Delegation of approval.

59(7)

The Speaker may delegate the power to approve allowances payable under section 58 and this section to the clerk of the assembly, the deputy clerk of the assembly and any other member of the offices required for the administration of the Legislative Assembly Act.

Indemnity and expenses for committee members.

60

Where a member who is not a member of the Executive Council or the member recognized by the Speaker as occupying the position as Leader of the Opposition, and who is a member of a standing or special committee of the assembly appointed by the assembly or appointed by resolution of the assembly, or in accordance with the Rules of the assembly, attends a meeting, hearing or sitting of the committee on a day on which the assembly is not in session or on a day when the assembly is in session but is not sitting and has been adjourned for a period of four or more continuous days, he shall be allowed and paid

(a) an indemnity of $75. for each day of such attendance; and

(b) the amount of expenses incurred by him in attending as approved by the Provincial Auditor.

GENERAL

Vacancy in seats not to invalidate proceedings of assembly.

61

No omission or failure to elect a member or members in or for any electoral division, and no vacating of the seat or voiding of the election of any member or members, shall be deemed or taken to make the Legislative Assembly incomplete, or to invalidate any proceedings thereof, or to prevent the assembly from meeting and dispatching business, so long as there is a quorum of members present.

Debates to be grave and orderly.

62

To the end that all the debates in the Legislative Assembly be grave and orderly, and that all interruptions be prevented,

(a) if any member of the assembly makes any disturbance or acts in a disorderly manner whilst any member is orderly debating, or whilst any bill, order or other matter is being read or dealt with, the Speaker shall call upon the member by name making such disturbance: (b) if the member does not thereupon refrain from the disturbance or disorderly conduct, and does not forthwith make due amends to the assembly therefor, the Speaker shall thereupon censure the member and shall direct him to be taken into custody by the Sergeant-at-Arms and detained in such custody for such period as the Speaker orders:

(c) if the assembly is in committee of the whole when any such disorder or disturbance takes place, the committee shall forthwith rise, report progress and ask leave to sit again, and the chairman shall inform the Speaker of the fact of the disorder or disturbance, whereupon the Speaker shall deal therewith in the manner hereinbefore provided for as fully and effectually and in all respects as if the disorder or disturbance had taken place while he was occupying the chair.

Expenses of assembly.

63

All expenses incurred in connection with the conduct of the business of the assembly, including expenses of meetings of any committee of the assembly, shall be paid from and out of the Consolidated Fund with moneys authorized under an Act of the Legislature to be so paid and applied.

Life of committees.

64(1)

Each standing committee of the assembly continues as a committee of the assembly until dissolution of the assembly and each other committee of the assembly, whether select or special, appointed and constituted by the assembly continues as a committee of the assembly until

(a) dissolution of the assembly; or

(b) the first sitting of the session immediately following the session at which the committee was constituted; or

(c) the committee is dissolved by resolution of the assembly;

whichever occurs first; and any committee, whether standing, select or special, may meet and conduct its business during recess and after prorogation as long as it continues as a committee.

Reports of committees.

64(2)

A report of a committee of the assembly may be received in the assembly after the committee has ceased to exist.

Filling vacancies on committees.

64(3)

Where, during a recess or after prorogation, a vacancy occurs on a committee of the assembly, whether standing, select or special, by reason of a member of the committee dying, resigning his seat in the assembly, becoming disqualified from sitting or voting in the assembly, or resigning from the committee under subsection (4), the committee may fill the vacancy by a majority vote of the committee, and the committee shall report its action to the assembly at the next sitting of the Legislature.

Resigning from committee.

64(4)

A member of a committee of the assembly, whether standing, select or special, may resign from the committee

(a) during a recess or after prorogation, by delivering notice of his resignation in writing to the chairman of the committee or the clerk of the house; and

(b) at other times by delivering notice of his resignation to the speaker or deputy speaker.

Referral of matter to committee by Lieutenant Governor in Council.

64(5)

The Lieutenant Governor in Council may refer a matter to a committee of the assembly, whether standing, select or special, for consideration and report, and the report of the committee with respect to the matter shall be made to the assembly and to the Lieutenant Governor in Council.

Report on salaries etc.

65(1)

Each year within 90 days after the end of the fiscal year of the government if the Legislature is then in session, or, if the Legislature is not then in session, within 15 days after the beginning of the next ensuing session, the Minister of Finance shall lay before the assembly a statement showing the amounts paid from the Consolidated Fund during that fiscal year to each person who has been a member of the assembly during that fiscal year by way of indemnities, salaries, allowances or reimbursement for expenses, in accordance with this Act.

Report of income from Crown agencies.

65(2)

Each year within 30 days of the end of the fiscal year of the government each member who has received any remuneration or expenses during the previous fiscal year of the government in respect of duties performed as a member of a Crown agency or a member of the board of management or board of directors of a Crown agency shall report the amount of the remuneration and expenses received during that previous fiscal year to the Minister of Finance; and the Minister of Finance shall indicate the amounts reported to him under this subsection in the statement that he lays before the assembly under subsection (1).

Mailing privileges.

66(1)

In addition to any other privileges that a member has in respect of the sending of letters by mail at the expense of the government, each member may, three times in each year, mail letters at the expense of the government to each household in the electoral division that the member represents.

Telephone privileges.

66(2)

In addition to any other privileges that a member has in respect of the use of telephones at the expense of the government, the cost of long distance calls made by the member may, subject to the rules made by the Legislative Assembly Management Commission in respect of telephone privileges, be charged to and paid out of the appropriations voted for the purposes of providing services to members.

Printing privileges.

66(3)

In addition to any other privileges that a member has in respect of the printing of written matter at the expense of the government, each member may, three times in each fiscal year, have printed at the expense of the government written matter for circulation to the householders in the electoral division which the member represents, but the cost to the government of each printing of written matter requested by a member under this subsection shall not exceed the product of 1 1/2 times the cost that would be incurred by the government for a mailing of that printed matter if it were mailed for the member at the expense of the government under subsection (1).

Special supplies and operating allowance.

67(1)

There shall be allowed and paid in each fiscal year in respect of each member of the Assembly the sum of $1,500. for special supplies and assistance.

Method of paying allowances under subsection (1).

67(2)

The allowances payable under subsection (1) shall be paid

(a) in the case of a member who belongs to the caucus of a recognized political party having four or more members in the assembly to such person as the member recognized by the Speaker as occupying the position of the leader of the members of that party in the assembly may designate; and

(b) in the case of a member who does not belong to the caucus of a recognized party having four or more members in the assembly, to that member.

Use of government air service.

67(3)

A member may, on a non-charter and incidental basis, use the air service operated by the government for transportation within the province if

(a) the airplane is making the trip for some other purpose; and

(b) there is accommodation on the airplane for the member without displacing any other passenger which the trip was intended to serve.

Cost of living increase.

68(1)

For purposes of any fiscal year beginning after September 10, 1986, the living allowance allowed and payable to a member under subsection 54(1) or (2), the maximum constituency allowance allowed and payable to a member under subsection 59(1), the maximum access allowance allowed and payable under subsection 59(3), the indemnity allowed and payable under section 60, and the sum allowed and payable to a member for special supplies and assistance under subsection 67(1) shall be increased over the amount payable to a member under those subsections as an allowance or indemnity in the next previous fiscal year by an amount obtained by multiplying the amount of the indemnity or allowance, as the case may be, by the percentage increase in the consumer price index for Canada between December 31 in the second fiscal year immediately preceding the fiscal year for which the indemnity or allowance is paid and December 31 in the fiscal year immediately preceding the fiscal year for which the indemnity or allowance is paid.

Rounding of amounts.

68(2)

In calculating the cost of living increase under subsection (1) or subsection 59(3), the amount arrived at shall be rounded to the nearest dollar.

PART II

MEMBERS' PENSIONS

Definitions.

69

In this Part

"additional remuneration" where used to refer to the additional remuneration of a member, means any remuneration allowance or salary received by the member

(a) as a member of the Executive Council,

(b) as the leader of the official opposition or the leader of any other recognized opposition party,

(c) as a member of a Crown agency or of the board of directors or governing board of a Crown agency,

(d) as the Speaker or Deputy Speaker or the chairman or deputy chairman of a committee of the assembly,

(e) as the member recognized by the Speaker who is occupying the position of government whip, house leader of the official opposition or opposition whip, or

(f) as a legislative assistant,

but does not include any allowance or remuneration paid to the member under subsection 53(1) or under section 54, 58, 59, 60 or 67 or under subsection 53(4) or (5) as they were before the dissolution of the assembly of the 31st Legislature; ("rémunération supplémentaire")

"administrator" means

(a) the officer of the government or the Crown agency designated by the Lieutenant Governor in Council as administrator of this Part, or

(b) where no government officer or Crown agency is designated by the Lieutenant Governor in Council to administer this Part, the Civil Service Superannuation Board; ("administrateur")

"annual indemnity" means the amount paid to a member in any numerical year under clauses 53(1)(a) and (b) as increased in accordance with subsection 53(3); ("indemnité annuelle")

"contribution" means a contribution made by a contributor under this Part; ("contribution")

"contributor" means a member who has applied to become a contributor under this Part; ("cotisant")

"eligible survivor" where used in respect of a deceased contributor means the person who is the child of the deceased contributor, is unmarried and is either

(a) under the age of 18 years, or

(b) between the age of 18 years and 25 years and is in full time attendance in an educational institution that is considered acceptable by the minister; ("survivant admissible")

"indemnity" means any amount payable to a member under clauses 53(l)(a) and (b) as increased in accordance with subsection 53(3) or any amount payable to a member under subsection 53(4) as it was before the dissolution of the assembly of the 31st Legislature; ("indemnité")

"minister" means the member of the Executive Council charged with the administration of The Financial Administration Act; ("ministre")

"pension" means a pension payable under this Part; ("pension")

"service" means a period of serving as a member of the assembly; (" mandat")

"special session" means a session of the Legislature for which the members were paid indemnities less than the annual indemnity for which provision was made at the time of that session; ("session extraordinaire")

"special session indemnity" means an amount payable to a member under subsection 53(4) as it was before the dissolution of the assembly of the 31st Legislature in respect of a special session; ("indemnité de session extraordinaire")

"total remuneration" where used to refer to the total remuneration of a member, means the total of the indemnities and additional remuneration paid to the member. ("rémunération totale")

Date of becoming member.

70(1)

For the purposes of this Part, a member commences to serve in respect of a term in office as a member on the day of general polling in the election in which he is declared elected under The Elections Act regardless of whether the election is later declared to be void under The Controverted Elections Act.

Ceasing to be member after dissolution.

70(2)

For the purposes of this Part, a member does not cease to be a member by reason only of dissolution of the assembly but a person who is a member of the assembly immediately before the dissolution thereof, if he is not declared elected under The Election Act in the general election immediately following the dissolution of the assembly, ceases to be a member on the day immediately before the day of general polling at that general election.

Pro rata indemnities, etc.

70(3)

For the purposes of this Part, each indemnity for a session of the Legislature and any other remuneration or allowance that is additional remuneration and that is paid on a sessional basis and not on a monthly or bi-weekly basis shall be deemed to be paid pro rata during the session in respect of which it is paid.

Entitlement to pension.

71(1)

Where a person

(a) has served as a member of not less than three Legislatures or for not less than eight years;

(b) has contributed under this Part in respect of indemnities paid to him in respect of all his service in not less than three Legislatures or all his service in not less than eight years;

(c) has reached the age when the total of his age and his years of service as a member equals or exceeds 55 years; and

(d) has ceased to be a member;

he is eligible to receive a pension under this Part.

Effect of suspension, etc.

71(2)

For the purposes of determining whether a member is eligible for a pension, the period of any suspension served by the member under The Legislative Assembly and Executive Council Conflict of Interest Act shall not be included in the member's service but no suspension or disqualification from office of a member under that Act shall otherwise affect the member's eligibility for a pension.

Calculation of pension.

72(1)

The minister shall pay to each person eligible to receive a pension under section 71 a pension calculated in accordance with the following formula:

P = Y/12x.03xA

In this formula

P is the monthly pension to be calculated under this section;

Y is the number of years of service of the person as a member during which contributions were made under this Part expressed in years and fractions of years in decimals to three decimal places; and

A is the average of the annual indemnities the person received for the last five years he served as a member or, where he served as a member for less than five years, for the years he served as a member.

Maximum pension.

72(2)

The pension calculated for a person under subsection (1) shall not exceed 70% of the average of the annual indemnities for the last five years the person served as a member, or, where he served as a member for less than five years, for the years he served as a member.

Treatment of special session indemnities.

73(1)

In determining the number of years a person has served as a member for the purpose of calculating a pension under section 72 and for the purpose of determining eligibility for a pension under section 71, the years of service in respect of which the member paid contributions shall be increased in respect of each special session which the member attended by a period calculated in accordance with the following formula:

W = S/I

In this formula

W is the period expressed in years and fractions of years in decimals to three decimal places by which the member's years of service are to be increased:

S is the special session indemnity paid to the member for the special session; and

I is the annual indemnity paid to each member for the regular session immediately preceding the special session.

Treatment of additional remuneration.

73(2)

In determining the number of years a person has served as a member for the purpose of calculating a pension under section 72, but not for the purpose of determining eligibility for a pension under section 71, the years of service in respect of which the member paid contributions shall be increased in respect of each numerical year in which he received additional remuneration in respect of which he made contributions by a period calculated in accordance with the following formula:

V = R/I

In this formula

V is the period expressed in years and fractions of years in decimals to three decimal places by which the member's years of service are to be increased;

R is the additional remuneration received by the member during that numerical year and in respect of which he made contributions; and

I is the annual indemnity paid to each member for the regular session in that numerical year.

Cost of living increases in pension.

74

Where a pension is payable to a person in a numerical year (in this section referred to as "the pension year") if

(a) he was paid a pension in the numerical year immediately before the pension year; and

(b) there was an increase in the Consumer Price Index for Canada between December 31 of the second numerical year before the pension year and December 31 of the numerical year immediately before the pension year;

the monthly pension payable to the person shall be increased, as of April 1, of the pension year, in accordance with the following formula:

N = P x C/D

In this formula

N is the new monthly pension to be payable to the person after the increase in the pension is effective;

P is the monthly pension payable to the person in the December immediately preceding the pension year;

C is the Consumer Price Index for Canada as of December 31 in the numerical year next preceding the pension year; and

D is the Consumer Price Index for Canada as of December 31 in the second numerical year preceding the pension year.

Discontinuance of and re-entitlement to pension.

75

Where a person who is receiving a pension under this Part again becomes a member, the payment of the pension shall be discontinued and upon the person again ceasing to be member he is entitled to a pension calculated as provided in this Part in respect of the total service as a member with respect to which he has made contributions.

Application to contribute.

76(1)

A member may, at any time while he is a member, apply to become a contributor in respect of his total remuneration.

Effective date of application.

76(2)

Subject to subsection (3), a member becomes a contributor effective on the day on which he submits his application under subsection (1) to the administrator.

Retroactive application during first year as member.

76(3)

Where, within 12 months after the day of general polling in the election at which a member was elected for the term of office during which his application under subsection (1) is made, he applies to become a contributor in respect of his total remuneration, the application may be effective retroactively to such date, not earlier than the day of general polling at the election, as the application may specify and in that case, the member becomes a contributor effective on the day so specified and shall make contributions in respect of his total remuneration retroactive to that date.

Retroactive contributions.

76(4)

Where a member applies to become a contributor in respect of his total remuneration received by him prior to the date on which he makes the application, the amount of contributions payable by him in respect of total remuneration received prior to the date on which he makes the application shall be paid together with interest thereon at the rate of 8% per year calculated from the date on which the contributions would have been made if the contributions had been deducted from the total remuneration at the time that the total remuneration was paid.

Rate of contributions.

77(1)

Subject to subsection (4), each contributor shall contribute 7% of the total remuneration received by him after the effective date of his application to become a contributor.

Contributions deducted by minister.

77(2)

Contributions required to be made under this Act in respect of any part of the total remuneration of a contributor paid from the Consolidated Fund shall be deducted by the minister from time to time as the total remuneration is paid to the contributor.

Contributions deducted by Crown agencies.

77(3)

Contributions required to be made under this section in respect of any part of the total remuneration of a contributor paid by a Crown agency shall be deducted by the Crown agency from time to time as the total remuneration is paid to the contributor and remitted to the minister who shall treat the amount remitted as revenue of the government.

Termination of contributions on additional remuneration.

77(4)

Where the years of service that a member has accumulated for the purposes of the formula set out in subsection 72(1) with any increases thereto calculated in accordance with section 73, are sufficient to provide the maximum pension to the member as restricted by subsection 72(2), the member is not required to make any further contributions in respect of, and no further deductions shall be made from, any additional remuneration paid to the member.

Deferred pensions.

78(1)

Where a contributor ceases to be a member after he has contributed under this Part in respect of indemnities paid to him in respect of all his service in not less than three Legislatures or all his service in not less than eight years but before he has reached the age when the total of his age and his years of service as a member equals or exceeds 55 years, he is entitled to a deferred pension calculated under this Part which becomes payable commencing on the first day of the first month after the day on which the total of his age and his years of service as a member equals 55 years.

Adjustment of deferred pensions.

78(2)

A deferred pension to which a person is entitled under subsection (1) shall, upon the pension becoming payable, be increased by any increases which would have been granted under section 74 between the date on which the person ceased to be a member and the month when the pension becomes payable as though the pension had been payable during that period.

Refund of contributions.

79(1)

Where a contributor ceases to be a member before he is entitled to a deferred pension under section 78, he may apply for and receive a refund of his contributions and the minister shall pay him the total of his contributions with interest at the rate of 3% per year compounded yearly and calculated in respect of the period between the days on which the contributions to be refunded were made and the date the application is made.

Remittance of refund.

79(2)

Where a person who has received a refund of contributions under subsection (1), or under this Part as it was prior to the coming into force of this section, again becomes a member, he may, if he applies to become a contributor again, remit to the minister during a period not exceeding 24 months from the date on which he again becomes a member, the amount of the refund that he previously received together with interest thereon at the rate of 8% per year compounded yearly and calculated from the date the refund was received to the date the remittance is made.

Where contributions refunded.

79(3)

Where contributions have been refunded to a contributor, unless he remits them as provided in subsection (2), he shall be conclusively deemed not to have made them.

Refund after 23.33 years as MLA.

79(4)

Where, at any time, a member has contributed in respect of 23.33 years during which he was actually a member of the assembly, and has, in addition thereto, contributed in respect of additional remuneration paid to the member, the government shall refund to the member, from and out of The Consolidated Fund, without further or other appropriation by the Legislature, the aggregate of contributions made under this Part by the member in respect of additional remuneration paid to the member together with interest thereon calculated in accordance with and at the rate set out in subsection (1).

Refund of certain contributions on retirement.

79(5)

Where, at the time a member ceases to be a member, he is eligible to receive a pension under this Part, if the member has accumulated, for the purposes of the formula set out in subsection 72(1). with any increases thereto calculated under section 73, more years of service than are required to provide the maximum pension to the member as restricted by subsection 72(2), and the member has made contributions under this part in respect of additional remuneration, the government shall refund to the member, from and out of The Consolidated Fund, without further or other legislative appropriation by the Legislature, any contributions made by the member in respect of the additional remuneration paid to the member for such number of numerical years or parts thereof, being the most recent for which the member received additional remuneration in respect of which he made contributions, as would result, on being removed from the calculations required to calculate the member's pension under this Part, in the member's pension being not less than the maximum pension as restricted by subsection 72(2), together with interest thereon calculated in accordance with and at the rate set out in subsection (1).

Refund of contributions on death.

80(1)

Where a contributor dies before beginning to receive a pension and is not survived by a spouse or eligible survivor, the executor of his will or the administrator of his estate may apply for and receive a refund of his contributions and the minister shall pay the executor or the administrator the total of the contributions made by the contributor together with interest at the rate of 3% per year compounded yearly and calculated in respect of the period between the date on which the contributions to be refunded were made and the date on which the application is made.

Refund to spouse on death.

80(2)

Where a contributor dies before he has contributed under this Part in respect of indemnities paid him in respect of all his service in not less than three Legislatures or all his service in not less than eight years and is survived by a spouse, the minister shall pay to the spouse the total of the contributions made by the contributor together with interest at the rate of 3% per year compounded yearly and calculated in respect of the period between the date on which the contributions to be refunded were made and the date of the death of the contributor.

Pension to surviving spouse.

80(3)

Where a contributor dies after he has contributed under this Part in respect of indemnities paid to him in respect of all his service in not less than three Legislatures or all his service in not less than eight years and before beginning to receive a pension and is survived by a spouse, the minister shall pay the spouse a monthly pension commencing on the first day of the first month following the death of the contributor, equal to 60% of the monthly pension that would have been paid to the contributor if he had ceased to be a member on the date of his death, had lived and had been eligible to receive a pension on the date of his death.

Pension to eligible survivors.

80(4)

Where a contributor who has contributed under this Part in respect of indemnities paid to him in respect of all his service in not less than three Legislatures or all his service in not less than eight years, dies before beginning to receive a pension and is survived by eligible survivors but not by a spouse, the minister shall pay to each of the eligible survivors of the contributor, for as long as he remains an eligible survivor within the definition of that expression in section 69, equal monthly pensions, commencing on the first day of the first month following the death of the contributor, the aggregate of which, at any time, equals the monthly pension that would have been paid to the spouse of the contributor if the contributor had been survived by a spouse.

Refund of contributions after allowance begun.

81(1)

Where a contributor dies after beginning to receive a pension but before an amount equal to or more than the total of his contributions, together with interest thereon calculated as provided in subsection 79(1). have been paid out in respect of the pension and is not survived by a spouse or eligible survivors, the executor of his will or the administrator of his estate may apply for and receive a refund of his contributions and the minister shall pay to the executor or administrator the total of the contributions made by the contributor, with interest thereon at the rate of 3% per year compounded yearly and calculated in respect of the period between the date on which the contributions to be refunded were made and the date of the death of the contributor less the total of all amounts paid by way of pension to the contributor with interest thereon at the rate of 3% per year compounded yearly and calculated in respect of the period between the date on which the monthly pension was paid and the date of the death of the contributor.

Pension to spouse after death of pensioner.

81(2)

Where a contributor dies after beginning to receive a monthly pension and is survived by a spouse, the minister shall pay the spouse a monthly pension, commencing on the first day of the first month following the death of the contributor, equal to 60% of the monthly pension that was being paid to the contributor prior to his death.

Allowance to eligible survivors after death of pensioner.

81(3)

Where a contributor dies after beginning to receive a monthly pension and is survived by eligible survivors but not by a spouse, the minister shall pay to each of the eligible survivors of the contributor, for as long as he remains an eligible survivor within the definition of that expression in section 69, equal monthly pensions, commencing on the first day of the first month following the death of the contributor, the aggregate of which, at any time, equals the monthly pension that would have been paid to the spouse of the contributor if the contributor had been survived by a spouse.

Refund of contributions after death of surviving spouse.

82(1)

Where the spouse of a contributor receiving a pension under subsection 80(3) or 81(2), dies before an amount equal to or more than the total of the contributions of the contributor together with interest calculated as provided under subsection 79(1) have been paid out by way of monthly pension payments to the contributor and monthly pension payments to the spouse, and the spouse is not survived by an eligible survivor of the contributor, the executor of the will of the spouse or the administrator of the estate of the spouse may apply for and receive a refund of the balance of the contributions and the minister shall pay to the executor or administrator an amount equal to the total of the contributions made by the contributor, with interest thereon at the rate of 3% per year compounded yearly and calculated in respect of the period between the date on which the contributions to be refunded were made and the date of the death of the spouse less the total of all amounts paid by way of pension to the contributor and to the spouse with interest thereon at the rate of 3% per year compounded yearly and calculated in respect of the period between the date on which the monthly pension payments were made and the date of the death of the spouse.

Allowance to eligible survivor on death of spouse.

82(2)

Where a surviving spouse of a deceased contributor to whom a pension is being paid under subsection 80(3) or 81(2) dies and is survived by eligible survivors of the deceased contributor, the minister shall pay to each of the eligible survivors of the contributor, for as long as he remains an eligible survivor within the definition of that expression in section 69, equal monthly pensions, commencing on the first day of the first month following the death of the spouse, the aggregate of which, at any time, equals the monthly pension that would have been paid to the spouse of the contributor if she had survived.

Applications.

83

Every application required under this Part shall be made in writing to the administrator and signed by the person making it.

Contributions paid to Consolidated Fund.

84(1)

All contributions and remittances of refunds made under this Part shall be paid into and form part of the Consolidated Fund.

Payments from Consolidated Fund.

84(2)

All payments of pensions and refunds of contributions made under this Part shall be a charge upon and paid out of the Consolidated Fund without any further or other appropriation by the Legislature.

Monthly payment of pensions.

84(3)

All payments of pensions and allowances payable under this Part shall be payable by monthly instalments.

Deduction of certain group insurance premiums.

85

Where a person to whom a pension is payable is liable for the payment of a premium for benefits under a group insurance scheme or plan covering members or persons to whom pensions are payable, if he applies to the administrator for the purpose, the minister may deduct from payments of the pension the amounts of the premiums and remit the amounts so deducted to the person to whom the premiums are payable.

Regulations.

86

For the purpose of carrying out the provisions of this Part according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without limiting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) prescribing forms of applications for use under this Part;

(b) prescribing procedures to be adopted by the administrator in administering this Part.

Administration of Part.

87(1)

This Part shall be administered

(a) by an officer of the government or a Crown agency designated by the Lieutenant Governor in Council as the administrator of this Part; or

(b) where no government officer or Crown agency is designated under clause (a) by the Lieutenant Governor in Council to administer this Part, by the Civil Service Superannuation Board.

Remuneration of administrator.

87(2)

Where the Civil Service Superannuation Board or Crown agency is the administrator of this Part, the Lieutenant Governor in Council may provide for payment from and out of the Consolidated Fund to the administrator of such amount as he fixes to reimburse the administrator for the costs of the administration of this Part.

Special status for members in June, 1979.

88

Notwithstanding section 71, where a contributor who was a contributor in June, 1979, has

(a) served as a member of not less than three Legislatures or for not less than eight years; and

(b) has contributed in respect of indemnities paid to him in respect of all his service in not less than three Legislatures or all of his service in not less than eight years;

ceases to be a member before he has reached the age when the total of his age and his years of service as a member equals or exceeds 55 years, he is eligible to receive a pension under this Part that is based solely on the indemnities in respect of which he has made contributions under this Part until he reaches the age when the total of his age and his years of service as a member equals or exceeds 55 years, at which time he becomes eligible to receive a pension that is based on the total remuneration in respect of which he had contributions under this Part.

Continuation of contributions for indemnities only.

89

Notwithstanding subsection 77(1), where a contributor who was a member in July, 1980, had, prior to the coming into force of this section, elected to become a contributor only in respect of indemnities paid to him but not in respect of additional remuneration paid to him, he may, as long as he continues to be a member,

(a) continue to be a contributor only in respect of indemnities paid to him but not in respect of additional remuneration; or

(b) apply to become a contributor in respect of additional remuneration paid to him as well as indemnities, in which case, the application to become a contributor in respect of additional remuneration becomes effective on the date that the application is made.