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The Legislative Assembly Act

R.S.M. 1987, c. L110

The Legislative Assembly Act

Table of Contents

1 Definitions.
PART I
COMPOSITION OF LEGISLATURE
2 Composition of Legislature.
COMPOSITION AND DURATION OF ASSEMBLY
3 Composition of assembly.
(2) Representation of electoral divisions.
4 Duration of assembly.
(2) Interpretation.
5 Session once a year.
6 Assembly not dissolved by demise of Crown.
(2) Prerogative saved.
7 Prorogation of Legislature.
QUORUM
8 Quorum.
SPEAKER'S VOTE
9 Decision of questions in assembly.
QUALIFICATION OF MEMBERS
10 Oath of members.
11 Senators, M. P.s etc. ineligible.
12 Certain office holders ineligible.
13 Exception respecting members of Executive Council.
14 Exception respecting judicial officers.
15 Exception respecting Speaker and Deputy Speaker.
16 Acceptance of payments by members.
(2) Exception under sec. 44 of Civil Service Act.
17 Exceptions.
(2) General exception.
(3) Questions arising under this section.
18 Conviction of member.
(2) Ineligibility for indemnities, etc.
(3) Removal of ineligibility.
(4) Authority to pay withheld indemnities.
(5) Pro-rating of sessional payments for subsec. (2).
19 Election of ineligible person void.
20 Seat vacant on disqualification.
(2) How vacancy treated.
(3) May be re-elected.
21 Penalty for disqualified persons sitting in assembly.
VACATING OF SEATS
22 Resignation of member.
23 Resignation when no Speaker.
24 Duty of Speaker or two members receiving resignation.
25 Notice of vacancy caused in any other way than by resignation.
26 Vacancy before first session of a Legislature.
27 Vacancies to be filled within one year.
THE SPEAKER
28 Election of Speaker.
(2) Election when vacancy.
(3) Presiding officer.
29 Deputy Speaker.
(2) Acting as Speaker.
30 Deputy Speaker acting in absence of Speaker.
(2) Duration of power of deputy.
31 When Speaker and Deputy Speaker both absent.
32 Validation of proceedings.
33 Validation of acts of Deputy Speaker.
POWERS AND PRIVILEGES OF ASSEMBLY SUMMONING WITNESSES AND TAKING EVIDENCE
34 Power to compel attendance of witnesses.
35 Warrant for attendance of witnesses.
(2) Form of warrant.
36 Examination on oath.
(2) Administration of oath.
37 Power of committees to examine on oath.
(2) Administration of oath.
38 Extra-mural examination of witnesses.
39 Assembly, court of record.
JURISDICTION OF ASSEMBLY
40 Judicial powers of assembly in certain matters.
(2) Necessary and incidental powers.
41 Penalty for breach of section 40.
42 Warrant of committal upon imprisonment.
(2) Speaker's warrant.
43 Assembly's decision final.
IMMUNITIES AND PRIVILEGES
44 No liability for act done under authority of assembly.
45 Protection of members from actions.
(2) Except for breach of Act member immune from civil arrest during session.
46 Members, etc. exempt from jury service.
47 Rights under Conflict of Interest Act.
RESPECTING ACTIONS
48 Protection to person publishing report.
(2) Stay of proceedings.
49 Protection to person in publishing copy of report.
(2) Stay of proceedings.
50 Bona fide publication a defence.
51 Journals of House as evidence.
SAVING CLAUSE
52 Act not to abridge rights and privileges.
INDEMNITY OF MEMBERS
53 Annual indemnities and allowances.
(2) Additional allowance to Speaker, etc.
(3) Cost of living increases.
54 Sessional per diem allowance.
(2) Where two residences maintained.
(3) Scope of entitlement.
(4) Payment of allowance.
55 Indemnities etc. payable without votes.
(2) Indemnities and allowances earned pro rata.
(3) Method of payment of indemnities etc.
(4) Interpretation.
56 Allowance for opposition leader.
(2) Allowance to leader of other opposition party.
(3) Manner of payment.
(4) Ceasing to occupy relevant position.
(5) Succession of leaders.
(6) Definitions.
(7) Powers of Speaker exercised by clerk.
57 Appointment of legislative assistants.
(2) Remuneration of legislative assistants.
(3) Time and manner of payment.
58 Travel allowance to members.
(2) Maximum travel allowance.
(3) Expense account for travel allowance.
59 Constituency allowance.
(2) Basis of expenses.
(3) Access allowance.
(4) Basis of expenses.
(5) Pro-rata allowance.
(6) Constituency expenses after ceasing to be member.
(7) Delegation of approval.
60 Indemnity and expenses for committee members.
GENERAL
61 Vacancy in seats not to invalidate proceedings of assembly.
62 Debates to be grave and orderly.
63 Expenses of assembly.
64 Life of committees.
(2) Reports of committees.
(3) Filling vacancies on committees.
(4) Resigning from committee.
(5) Referral of matter to committee by Lieutenant Governor in Council.
65 Report on salaries etc.
(2) Report of income from Crown agencies.
66 Mailing privileges.
(2) Telephone privileges.
(3) Printing privileges.
67 Special supplies and operating allowance.
(2) Method of paying allowances under subsection (1).
(3) Use of government air service.
68 Cost of living increase.
(2) Rounding of amounts.
PART II
MEMBERS' PENSIONS
69 Definitions.
70 Date of becoming member.
(2) Ceasing to be member after dissolution.
(3) Pro rata indemnities, etc.
71 Entitlement to pension.
(2) Effect of suspension, etc.
72 Calculation of pension.
(2) Maximum pension.
73 Treatment of special session indemnities.
(2) Treatment of additional remuneration.
74 Cost of living increases in pension.
75 Discontinuance of and re-entitlement to pension.
76 Application to contribute.
(2) Effective date of application.
(3) Retroactive application during first year as member.
(4) Retroactive contributions.
77 Rate of contributions.
(2) Contributions deducted by minister.
(3) Contributions deducted by Crown agencies.
(4) Termination of contributions on additional remuneration.
78 Deferred pensions.
(2) Adjustment of deferred pensions.
79 Refund of contributions.
(2) Remittance of refund.
(3) Where contributions refunded.
(4) Refund after 23.33 years as MLA.
(5) Refund of certain contributions on retirement.
80 Refund of contributions on death.
(2) Refund to spouse on death.
(3) Pension to surviving spouse.
(4) Pension to eligible survivors.
81 Refund of contributions after allowance begun.
(2) Pension to spouse after death of pensioner.
(3) Allowance to eligible survivors after death of pensioner.
82 Refund of contributions after death of surviving spouse.
(2) Allowance to eligible survivor on death of spouse.
83 Applications.
84 Contributions paid to Consolidated Fund.
(2) Payments from Consolidated Fund.
(3) Monthly payment of pensions.
85 Deduction of certain group insurance premiums.
86 Regulations.
87 Administration of Part.
(2) Remuneration of administrator.
88 Special status for members in June, 1979.
89 Continuation of contributions for indemnities only.