An Act respecting the Parliament of CanadaParliament of Canada ActParliament of Canada201105
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P-1SHORT TITLEShort titleThis Act may be cited as the Parliament of Canada Act.SENATE AND HOUSE OF COMMONSParliament ContinuedDemise of the CrownParliament shall not determine or be dissolved by the demise of the Crown and, notwithstanding the demise, shall continue, and may meet, convene and sit, proceed and act, in the same manner as if that demise had not happened.
R.S., c. S-8, s. 2.
Prerogative savedNothing in section 2 alters or abridges the power of the Crown to prorogue or dissolve Parliament.
R.S., c. S-8, s. 3.
Privileges, Immunities and PowersDefinitionParliamentary privileges, immunities and powersThe Senate and the House of Commons, respectively, and the members thereof hold, enjoy and exercisesuch and the like privileges, immunities and powers as, at the time of the passing of the Constitution Act, 1867, were held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom and by the members thereof, in so far as is consistent with that Act; andsuch privileges, immunities and powers as are defined by Act of the Parliament of Canada, not exceeding those, at the time of the passing of the Act, held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom and by the members thereof.
R.S., c. S-8, s. 4.
Judicial noticeThe privileges, immunities and powers held, enjoyed and exercised in accordance with section 4 are part of the general and public law of Canada and it is not necessary to plead them but they shall, in all courts in Canada, and by and before all judges, be taken notice of judicially.
R.S., c. S-8, s. 5.
Printed copy of journalsOn any inquiry concerning the privileges, immunities and powers of the Senate and the House of Commons or of any member of either House, any copy of the journals of either House, printed or purported to be printed by order thereof, shall be admitted as evidence of the journals by all courts, justices and others, without proof that the copy was printed by order of either House.
R.S., c. S-8, s. 6.
Publication of ProceedingsProceedings based on published reportWhere any person is a defendant in any civil or criminal proceedings that are commenced or prosecuted in a court in any manner for, on account of or in respect of the publication of any report, paper, votes or proceedings, by that person or the servant of that person, by or under the authority of the Senate or the House of Commons, that person may bring before the court or any judge thereof, after twenty-four hours notice of intention to do so given in accordance with subsection (2), a certificategiven under the hand of the Speaker or the Clerk of the Senate or the House of Commons, andstating that the report, paper, votes or proceedings were published by that person or servant, by order or under the authority of the Senate or the House of Commons,together with an affidavit verifying the certificate.Notice of intentionThe notice of intention referred to in subsection (1) shall be given to the plaintiff or prosecutor in the civil or criminal proceedings or to the attorney or solicitor of the plaintiff or prosecutor.Stay of proceedingsOn the bringing of a certificate before a court or judge in accordance with subsection (1), the court or judge shall immediately stay the civil or criminal proceedings, and those proceedings and every writ or process issued therein shall be deemed to be finally determined and superseded by virtue of this Act.
R.S., c. S-8, s. 7.
Proof of correctness of copyWhere any civil or criminal proceedings are commenced or prosecuted in a court for, on account of or in respect of the publication of any copy of a report, paper, votes or proceedings referred to in subsection 7(1), the defendant, at any stage of the proceedings, may bring before the court, or any judge thereof, the report, paper, votes or proceedings and the copy, together with an affidavit verifying the report, paper, votes or proceedings and the correctness of the copy.Stay of proceedingsOn the bringing before a court or any judge thereof of any report, paper, votes or proceedings and a copy thereof with affidavit in accordance with subsection (1), the court or judge shall immediately stay the civil or criminal proceedings, and those proceedings and every writ or process issued therein shall be deemed to be finally determined and superseded by virtue of this Act.
R.S., c. S-8, s. 8.
Proof in action for printing extract or abstractIn any civil or criminal proceedings commenced or prosecuted for printing an extract from or abstract of any report, paper, votes or proceedings referred to in subsection 7(1), the report, paper, votes or proceedings may be given in evidence and it may be shown that the extract or abstract was published in good faith and without malice and, if such is the opinion of the jury, a verdict of not guilty shall be entered for the defendant.
R.S., c. S-8, s. 9.
Examination of WitnessesExamination of witnesses under oathThe Senate or the House of Commons may administer an oath to any witness examined at the bar of the Senate or the House.Examination before committeeThe Senate or the House of Commons may order witnesses to be examined on oath before any committee.Committee may administer oathAny committee of the Senate or the House of Commons may administer an oath to any witness examined before the committee.
R.S., c. S-8, ss. 25 to 27.
AffirmationWhere any witness to be examined under this Part conscientiously objects to take an oath, the witness may make a solemn affirmation and declaration.Effect of affirmationAny solemn affirmation and declaration made under subsection (1) has the same force and effect, and entails the same consequences, as an oath taken in the usual form.
R.S., c. S-8, ss. 28, 29.
PerjuryAny person examined under this Part who wilfully gives false evidence is liable to such punishment as may be imposed for perjury.
R.S., c. S-8, s. 31.
Administering of oaths and affirmationsAny oath or solemn affirmation and declaration under this Part may be administered bythe Speaker of the Senate or the House of Commons;the chairman of any committee of the Senate or the House of Commons; orsuch person or persons as may be appointed for that purpose either by the Speaker of the Senate or by the Speaker of the House of Commons or by standing or other order of the Senate or the House.FormEvery oath and solemn affirmation and declaration under this Part shall be in the Forms 1 and 2 in the schedule.
R.S., c. S-8, ss. 30, 32.
SENATEConflict of Interest[Repealed, 2004, c. 7, s. 1]Previous Version[Repealed, 2004, c. 7, s. 1]Previous VersionReceiving prohibited compensationNo member of the Senate shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered to any person, either by the member or another person,in relation to any bill, proceeding, contract, claim, controversy, charge, accusation, arrest or other matter before the Senate or the House of Commons or a committee of either House; orfor the purpose of influencing or attempting to influence any member of either House.Offence and punishmentEvery member of the Senate who contravenes subsection (1) is guilty of an offence and liable to a fine of not less than one thousand dollars and not more than four thousand dollars.Offering prohibited compensationEvery person who gives, offers or promises to any member of the Senate any compensation for services described in subsection (1), rendered or to be rendered, is guilty of an indictable offence and liable to imprisonment for a term not exceeding one year and to a fine of not less than five hundred dollars and not more than two thousand dollars.
R.S., c. S-8, s. 23.
Deputy SpeakerSpeaker leaving the chairWhenever the Speaker of the Senate, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the Senate on any day, the Speaker may call on any senator to take the chair and preside as Speaker during the remainder of that day unless the Speaker resumes the chair before the close of the sittings for that day.
R.S., c. S-14, s. 2.
Unavoidable absenceWhenever the Senate is informed of the unavoidable absence of the Speaker thereof by the Clerk at the table, the Senate may choose any senator to preside as Speaker during such absence and that senator thereupon has and shall execute all the powers, privileges and duties of Speaker until the Speaker resumes the chair or another Speaker is appointed by the Governor General.
R.S., c. S-14, s. 3.
Validity of actsEvery act done by any senator acting pursuant to section 17 or 18 has the same effect and validity as if the act had been done by the Speaker.
R.S., c. S-14, s. 4.
Internal AdministrationCommitteeIn this section and sections 19.2 to 19.9, “Committee” means the Standing Senate Committee on Internal Economy, Budgets and Administration established by the Senate under its rules.Intersessional authorityDuring a period of prorogation or dissolution of Parliament and until the members of a successor Committee are appointed by the Senate, the Committee continues to exist for the purposes of this Act and, subject to subsection (3), every member of the Committee, while still a senator, remains a member of the Committee as if there had been no prorogation or dissolution.Composition of CommitteeThe Leader of the Government in the Senate, or the nominee of the Leader, and the Leader of the Opposition in the Senate, or the nominee of the Leader, may, in accordance with the rules of the Senate, change the membership of the Committee from time to time, including during periods of prorogation or dissolution.Senate controlIn exercising its functions and powers under this Act, the Committee is subject to the rules, direction and control of the Senate.EmergenciesWhere the Chairman of the Committee deems that there is an emergency, the Committee’s Sub-committee on Agenda and Procedure may exercise any power of the Committee under this Act.Report of decisionThe Chairman of the Committee shall report to the Committee any decision made under subsection (5) at the meeting of the Committee immediately following the decision.
1991, c. 20, s. 1.
Capacity of CommitteeIn exercising the powers and carrying out the functions conferred upon it pursuant to this Act, the Committee has the capacity of a natural person and mayenter into contracts, memoranda of understanding or other arrangements in the name of the Senate or in the name of the Committee; anddo all such things as are necessary or incidental to the exercising of its powers or the carrying out of its functions.ImmunityWhere a member of the Committee participates in the exercise of the powers or the carrying out of the functions of the Committee, the member shall not be held personally liable for the actions of the Committee.
1991, c. 20, s. 1.
Function of Committee inter aliaSubject to subsection 19.1(4), the Committee may act on all financial and administrative matters respectingthe Senate, its premises, its services and its staff; andthe members of the Senate.
1991, c. 20, s. 1.
Main Estimate to be preparedPrior to each fiscal year the Committee shall cause to be prepared an estimate of the sums that will be required to be provided by Parliament for the payment of the charges and expenses of the Senate and of the members thereof during the fiscal year.
1991, c. 20, s. 1.
RegulationsRegulationsThe Committee may make regulationsgoverning the use by senators of funds, goods, services and premises made available to them for the carrying out of their parliamentary functions;prescribing the terms and conditions of the management of, and accounting for, by senators, of funds referred to in paragraph (a); andrespecting all such things as are necessary or incidental to the exercise of its powers and the carrying out of its functions.Chairman to table regulationsThe Chairman of the Committee shall table before the Senate the regulations made under this section on any of the first thirty days after the making thereof.Chairman to make regulations availableWhen the Senate is not sitting, the Chairman of the Committee shall cause the regulations made under this section to be deposited with the Clerk of that House and such regulations shall thereupon be deemed to have been tabled before the Senate.Coming into forceSubject to subsection (5), regulations made under this section come into force on such day as may be fixed by resolution of the Senate.Earlier effectRegulations made and tabled under this section during a period of prorogation or dissolution of Parliament have effect without a resolution of the Senate until the end of the thirtieth sitting day of the session of Parliament immediately following the prorogation or dissolution, unless they are earlier rescinded by the Senate.Regulations not statutory instrumentsRegulations made under this section shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.
1991, c. 20, s. 1.
OpinionsExclusive authorityThe Committee has the exclusive authority to determine whether any previous, current or proposed use by a senator of any funds, goods, services or premises made available to that senator for the carrying out of parliamentary functions is or was proper, given the discharge of the parliamentary functions of senators, including whether any such use is or was proper having regard to the intent and purpose of the regulations made under subsection 19.5(1).Senator may applyAny senator may apply to the Committee for an opinion with respect to any use by that senator of any funds, goods, services or premises referred to in subsection (1).
1991, c. 20, s. 1.
Opinion during investigationDuring any investigation by a peace officer in relation to the use by a senator of funds, goods, services or premises referred to in subsection 19.6(1), the peace officer may apply to the Committee for, or the Committee may, on its own initiative, provide the peace officer with, an opinion concerning the propriety of such use.Opinion to be consideredWhere an opinion is provided to a peace officer pursuant to subsection (1) and where an application for a process is made to a judge, the judge shall be provided with the opinion and shall consider it in determining whether to issue the process.Definition of “process”For the purposes of this section, process meansan authorization to intercept a private communication under section 185,an order for a special warrant under section 462.32,an order for a search warrant under section 487,a restraint order under section 462.33,the laying of an information under section 504 or 505,a summons or an arrest warrant under section 507, orthe confirmation of an appearance notice, promise to appear or recognizance under section 508of the Criminal Code.Issuance of process by judgeThe issuance of a process referred to in paragraphs (3)(c), (e), (f) and (g) that is based on the use by a senator of any funds, goods, services or premises made available to that senator for the carrying out of parliamentary functions shall be authorized by a judge of a provincial court within the meaning of section 2 of the Criminal Code.
1991, c. 20, s. 1.
General opinionsIn addition to issuing opinions under section 19.6, the Committee may issue general opinions regarding the proper use of funds, goods, services and premises within the intent and purpose of the regulations made under subsection 19.5(1).
1991, c. 20, s. 1.
Comments may be includedThe Committee may include in its opinions any comments that the Committee considers relevant.Publication of opinionsSubject to subsection (3), the Committee may publish, in whole or in part, its opinions for the guidance of senators.Privacy and notificationSubject to subsection (4), the Committee shall take the necessary measures to assure the privacy of any senator who applies for an opinion and shall notify the senator of its opinion.Making opinions availableFor the purposes of subsection 19.7(1), the Committee may, if it considers it appropriate to do so, make any of its opinions, including opinions issued under section 19.6, available to the peace officer.
1991, c. 20, s. 1.
Financial AdministrationExpenditure for service of SenateCredits for all sums voted by Parliament and payable in respect of allowances to members of the Senate as provided in Part IV and in respect of other expenditure for the service of the Senate shall issue from time to time.Credits on banks of CanadaCredits referred to in subsection (1) shall issue on one of the banks of Canada in favour of the Clerk of the Senate and the assistant accountant of the Senate, or such other persons as the Speaker of the Senate from time to time designates for the purpose.Clerk to apply for creditsThe Clerk of the Senate shall, by an order signed by the Clerk, apply for such credits as the Clerk deems necessary.
R.S., c. S-8, s. 47.
Senate Ethics OfficerAppointmentThe Governor in Council shall, by commission under the Great Seal, appoint a Senate Ethics Officer after consultation with the leader of every recognized party in the Senate and after approval of the appointment by resolution of the Senate.
2004, c. 7, s. 2.
TenureThe Senate Ethics Officer holds office during good behaviour for a term of seven years and may be removed for cause by the Governor in Council on address of the Senate. He or she may be reappointed for one or more terms of up to seven years each.Interim appointmentIn the event of the absence or incapacity of the Senate Ethics Officer, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.
2004, c. 7, s. 2;
2006, c. 9, s. 112.
Previous VersionRemunerationThe Senate Ethics Officer shall be paid the remuneration set by the Governor in Council.ExpensesThe Senate Ethics Officer is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of residence, in the case of a part-time appointment, and ordinary place of work, in the case of a full-time appointment.Functions — part-timeIn the case of a part-time appointment, the Senate Ethics Officer may not accept or hold any office or employment — or carry on any activity — inconsistent with his or her duties and functions under this Act.Functions — full-timeIn the case of a full-time appointment, the Senate Ethics Officer shall engage exclusively in the duties and functions of the Senate Ethics Officer and may not hold any other office under Her Majesty or engage in any other employment for reward.
2004, c. 7, s. 2.
Deputy headThe Senate Ethics Officer has the rank of a deputy head of a department of the Government of Canada and has the control and management of the office of the Senate Ethics Officer.Powers to contractThe Senate Ethics Officer may, in carrying out the work of the office of the Senate Ethics Officer, enter into contracts, memoranda of understanding or other arrangements.StaffThe Senate Ethics Officer may employ any officers and employees and may engage the services of any agents, advisers and consultants that the Senate Ethics Officer considers necessary for the proper conduct of the work of the office of the Senate Ethics Officer.AuthorizationThe Senate Ethics Officer may, subject to the conditions he or she sets, authorize any person to exercise any powers under subsection (2) or (3) on behalf of the Senate Ethics Officer that he or she may determine.SalariesThe salaries of the officers and employees of the office of the Senate Ethics Officer shall be fixed according to the scale provided by law.PaymentThe salaries of the officers and employees of the office of the Senate Ethics Officer, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose.Estimates to be preparedPrior to each fiscal year, the Senate Ethics Officer shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Senate Ethics Officer during the fiscal year.Inclusion in Government estimatesThe estimate referred to in subsection (7) shall be considered by the Speaker of the Senate and then transmitted to the President of the Treasury Board, who shall lay it before the House of Commons with the estimates of the government for the fiscal year.
2004, c. 7, s. 2.
Duties and functionsThe Senate Ethics Officer shall perform the duties and functions assigned by the Senate for governing the conduct of members of the Senate when carrying out the duties and functions of their office as members of the Senate.Privileges and immunitiesThe duties and functions of the Senate Ethics Officer are carried out within the institution of the Senate. The Senate Ethics Officer enjoys the privileges and immunities of the Senate and its members when carrying out those duties and functions.General direction of committeeThe Senate Ethics Officer shall carry out those duties and functions under the general direction of any committee of the Senate that may be designated or established by the Senate for that purpose.Conflict of Interest ActFor greater certainty, the administration of the Conflict of Interest Act in respect of public office holders who are ministers of the Crown, ministers of state or parliamentary secretaries is not part of the duties and functions of the Senate Ethics Officer or the committee.Clarification — powers, etc., of the SenateFor greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the Senate or its members.
2004, c. 7, s. 2;
2006, c. 9, s. 26.
Previous VersionNo summonsThe Senate Ethics Officer, or any person acting on behalf or under the direction of the Senate Ethics Officer, is not a competent or compellable witness in respect of any matter coming to his or her knowledge as a result of exercising any powers or performing any duties or functions of the Senate Ethics Officer under this Act.ProtectionNo criminal or civil proceedings lie against the Senate Ethics Officer, or any person acting on behalf or under the direction of the Senate Ethics Officer, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Senate Ethics Officer under this Act.ClarificationThe protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Senate Ethics Officer may otherwise enjoy.
2004, c. 7, s. 2.
Annual reportThe Senate Ethics Officer shall, within three months after the end of each fiscal year, submit a report on his or her activities under section 20.5 for that year to the Speaker of the Senate, who shall table the report in the Senate.ConfidentialityThe Senate Ethics Officer may not include in the annual report any information that he or she is required to keep confidential.
2004, c. 7, s. 2.
HOUSE OF COMMONSEligibility, Resignation and VacanciesSimultaneous CandidaciesNomination for one electoral district onlyNo person shall be nominated and consent to be nominated so as to be a candidate for election as a member of the House of Commons for more than one electoral district at the same time and, if any person is nominated contrary to this section and consents thereto, all the nominations are void.
R.S., c. H-9, s. 14.
Members of Provincial LegislatureIneligibility of member of provincial legislatureNo person who, on the day of the nomination at any election to the House of Commons, is a member of the legislature of any province is eligible to be a member of the House of Commons or is capable of being nominated or voted for at that election or of being elected to, or of sitting or voting in, the House of Commons.Election voidIf any person declared ineligible by subsection (1) is elected and returned as a member of the House of Commons, the election of that person is void.
R.S., c. H-9, s. 2.
Member elected to provincial legislatureIf any member of the House of Commons is elected and returned to the legislature of any province and accepts the seat, that member’s election as a member of the House of Commons thereupon becomes void, the seat of that member is vacated and a writ shall issue forthwith for the election of a member to fill the vacancy.If elected or appointed without knowledgeA member of the House of Commons elected to the legislature of any province without the member’s knowledge or consent shall continue to hold a seat in the House of Commons, as if no such election had been made, if the member, without taking a seat in that legislature and within ten days after being notified of the election thereto or, in the event of the member’s absence from the province at the time, within ten days after arriving within the province, resigns the seat in that legislature and notifies the Speaker of the House of Commons of the resignation.
R.S., c. H-9, ss. 3, 4.
Penalty for person ineligible sitting or votingAny person who is, by this Division, declared ineligible to be a member of the House of Commons or incapable of sitting or voting therein and who nevertheless sits or votes in the House shall forfeit the sum of two thousand dollars for each day on which the person so sits or votes.Recovery of penaltyA sum forfeited under subsection (1) may be recovered by any person who sues for it, by action in any form allowed by law in the province in which the action is brought, in any court having jurisdiction.
R.S., c. H-9, s. 5.
Resignation of MembersResignation in House or by declaration to SpeakerAny person holding a seat in the House of Commons may resign the seatby giving, in that person’s place in the House, notice of intention to resign, in which case the Speaker of the House shall, immediately after entry of that notice by the Clerk of the House on the journals thereof, address a warrant under the hand and seal of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of that person; orby addressing and causing to be delivered to the Speaker of the House, either during a session of Parliament or in the interval between two sessions thereof, a declaration of intention to resign made in writing under the hand and seal of that person before two witnesses, in which case the Speaker shall, on receiving the declaration, forthwith address a warrant under the hand and seal of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of that person.Entry in journalsAn entry of the declaration delivered under paragraph (1)(b) shall be thereafter made in the journals of the House of Commons.
R.S., c. H-9, s. 6.
Proceedings where Speaker absentIf any person holding a seat in the House of Commons wishes to resign the seat in the interval between two sessions of Parliament and if there is then no Speaker of the House, the Speaker is absent from Canada or that person is the Speaker, the person may address and cause to be delivered to any two members of the House a declaration of intention to resign described in section 25.Warrant for election writOn receiving the declaration pursuant to subsection (1), the two members shall forthwith address their warrant, under their hands and seals, to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of the person making that declaration.
R.S., c. H-9, s. 7.
Effect of resignationAny person holding a seat in the House of Commons who tenders a resignation of the seat in any manner provided in section 25 or 26 is deemed to have vacated the seat and ceases to be a member of the House.When member not to resignA person holding a seat in the House of Commons shall not tender a resignation of the seat while the election of that person as a member of the House is lawfully contested or until after the expiration of the time during which the election may by law be contested on grounds other than corruption or bribery.
R.S., c. H-9, ss. 8, 9.
VacanciesVacancy in House of CommonsIf a vacancy occurs in the House of Commons by reason of the death of a member of the House or the acceptance of an office by a member of the House, or as a result of the contestation of the election of a member of the House under Part 20 of the Canada Elections Act, the Speaker of the House shall, without delay, on being informed of the vacancy by any member of the House in the member’s place or by written notice signed by any two members of the House, or on receipt of the final decision on the contestation of the election, address a warrant of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy.Proceedings where Speaker absentIf, when a vacancy occurs as described in subsection (1), or at any time thereafter, before the warrant of the Speaker for a writ has issued, there is no Speaker of the House, the Speaker is absent from Canada or the member whose seat is vacated is the Speaker, any two members of the House may address their warrant, under their hands and seals, to the Chief Electoral Officer for the issue of a writ for the election of a member to fill that vacancy.
R.S., 1985, c. P-1, s. 28;
2000, c. 9, s. 561.
Vacancy before Parliament meets after a general electionA warrant may issue to the Chief Electoral Officer for the issue of a writ for the election of a member of the House of Commons to fill any vacancy that, after a general election and before the first session of Parliament thereafter, occurs by reason of the death of, or the acceptance of an office by, any member of the House.Deemed vacancyA warrant may be issued to the Chief Electoral Officer for the issue of a writ for the election of a member of the House of Commons to fill any vacancy that is deemed to occur where a report sent under paragraph 318(a) of the Canada Elections Act is received stating that no candidate was declared elected in the electoral district because of the equality of votes.Deemed by-electionAn election held in the circumstances set out in subsection (1.1) is deemed to be a by-election.When writ may be issuedA writ may be issuedin the case of a writ referred to in subsection (1), at any time after the death or acceptance of office by a member; andin the case of a writ referred to in subsection (1.1), at any time after the receipt of the report referred to in that subsection.
R.S., 1985, c. P-1, s. 29;
2000, c. 9, s. 562.
Effect of electionThe election to be held under a writ issued pursuant to section 29 does not in any manner affect the rights of any person entitled to contest the election (in this section referred to as the “previous election”), at the general election referred to in subsection 29(1), of the member by reason of whose death or acceptance of office the vacancy occurs.[Repealed, 2000, c. 9, s. 563]
R.S., 1985, c. P-1, s. 30;
2000, c. 9, s. 563.
Issuance of election writWhere a vacancy occurs in the House of Commons, a writ shall be issued between the 11th day and the 180th day after the receipt by the Chief Electoral Officer of the warrant for the issue of a writ for the election of a member of the House.ExceptionThis section does not apply where the vacancy in respect of which the warrant has issued occurs within six months of the expiration of the time limited for the duration of the House of Commons.Dissolution after issue of writIf Parliament is dissolved after the issue of a writ in accordance with this section, the writ shall thereupon be deemed to have been superseded and withdrawn.
R.S., 1985, c. P-1, s. 31;
1996, c. 35, s. 87.1;
2000, c. 9, s. 564(F).
Conflict of InterestIneligibilityExcept as specially provided in this Division,no person accepting or holding any office, commission or employment, permanent or temporary, in the service of the Government of Canada, at the nomination of the Crown or at the nomination of any of the officers of the Government of Canada, to which any salary, fee, wages, allowance, emolument or profit of any kind is attached, andno sheriff, registrar of deeds, clerk of the peace or county crown attorney in any of the provinces,is eligible to be a member of the House of Commons or shall sit or vote therein.ExceptionNothing in subsection (1) renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any person described in paragraph (a) of that subsection, if it is, by the commission or other instrument of appointment of the person, declared or provided that the person shall hold his office, commission or employment without any salary, fee, wages, allowance, emolument or other profit of any kind attached thereto.
R.S., c. S-8, ss. 10, 11.
Persons exempt from ineligibilityNothing in this Division renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any person by reason only that the personis a member of Her Majesty’s forces who is on active service as a consequence of war;is a member of the reserve force of the Canadian Forces who is not on full-time service other than active service as a consequence of war; oraccepts the payment out of public moneys of Canada of travel expenses incurred while on the public business of Canada if the trip was authorized by the Governor in Council, whether the authorization was given before or after the trip.Idem, members of Privy CouncilNothing in this Division renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any member of the Queen’s Privy Council for Canada by reason only that the memberholds an office for which a salary is provided in section 4.1 of the Salaries Act and receives that salary, oris a Minister of State, other than a Minister of State referred to in section 5 of the Salaries Act, or a Minister without Portfolio and receives a salary in respect of that position,if the member is elected while holding that office or position or is, at the date when nominated by the Crown for that office or position, a member of the House of Commons.Idem, Parliamentary SecretariesNotwithstanding anything in this Division, a person is not rendered ineligible to be a member of the House of Commons, or disqualified from sitting or voting therein, by reason only that the person accepts or holds the office of Parliamentary Secretary or receives any payment under section 61 or regulations made pursuant to section 66.Office of profitNotwithstanding anything in this Division, the seat of a member of the House of Commons shall not be vacated by reason only of the acceptance by the member of an office of profit under the Crown if that office is an office the holder of which is capable of being elected to, or sitting or voting in, the House.
R.S., 1985, c. P-1, s. 33;
R.S., 1985, c. 1 (4th Supp.), s. 29;
2005, c. 16, s. 1.
Previous Version[Repealed, 2004, c. 7, s. 3]Previous VersionDisqualificationIf any member of the House of Commons accepts any office or commission that, by virtue of this Division, renders a person incapable of being elected to, or of sitting or voting in, the House of Commons, the seat of the member is vacated and the member’s election becomes void.
R.S., 1985, c. P-1, s. 35;
2004, c. 7, s. 3.
Previous Version[Repealed, 2004, c. 7, s. 3]Previous Version[Repealed, 2004, c. 7, s. 3]Previous Version[Repealed, 2004, c. 7, s. 3]Previous Version[Repealed, 2004, c. 7, s. 3]Previous Version[Repealed, 2004, c. 7, s. 3]Previous VersionReceiving prohibited compensationNo member of the House of Commons shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered to any person, either by the member or another person,in relation to any bill, proceeding, contract, claim, controversy, charge, accusation, arrest or other matter before the Senate or the House of Commons or a committee of either House; orfor the purpose of influencing or attempting to influence any member of either House.Offence and punishmentEvery member of the House of Commons who contravenes subsection (1) is guilty of an offence and liable to a fine of not less than five hundred dollars and not more than two thousand dollars and shall, for five years after conviction of that offence, be disqualified from being a member of the House of Commons and from holding any office in the federal public administration.Offering prohibited compensationEvery person who gives, offers or promises to any member of the House of Commons any compensation for services described in subsection (1), rendered or to be rendered, is guilty of an indictable offence and liable to imprisonment for a term not exceeding one year and to a fine of not less than five hundred dollars and not more than two thousand dollars.
R.S., 1985, c. P-1, s. 41;
2003, c. 22, s. 224(E).
Previous VersionProhibition — accepting benefits from trusts relating to positionNo member of the House of Commons may, directly or indirectly, accept any benefit or income from a trust established by reason of his or her position as a member of the House of Commons.Anti-avoidanceNo member of the House of Commons shall take any action that has as its purpose the circumvention of the prohibition referred to in subsection (1).Offence and punishmentEvery member of the House of Commons who contravenes subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $2,000.
2006, c. 9, s. 99.
Obligation to disclose trustsEvery member of the House of Commons shall disclose to the Conflict of Interest and Ethics Commissioner every trust known to the member from which he or she could, currently or in the future, either directly or indirectly, derive a benefit or income.Manner of disclosureThe disclosure must be made in accordance with the provisions governing the disclosure of private interests in the Conflict of Interest Code for Members of the House of Commons set out in the Standing Orders of the House of Commons.Non-application of section 126 of the Criminal CodeSection 126 of the Criminal Code does not apply in respect of a contravention of subsection (1).
2006, c. 9, s. 99.
Commissioner’s ordersIf a trust disclosed by a member of the House of Commons was established by the member or by a person who is not a relative of the member, the Conflict of Interest and Ethics Commissioner shallif he or she is of the opinion that it is legally possible for the member to terminate the trust, order the member to terminate the trust and not to use any distribution of the assets on its termination for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act; orif he or she is of the opinion that it is not legally possible for the member to terminate the trust, order the member not to derive any benefit or income from the trust for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act.Commissioner’s ordersIf a trust disclosed by a member was established by a relative of the member, the Conflict of Interest and Ethics Commissioner shall order the member not to derive any benefit or income from the trust, including any distribution of its assets on its termination, for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act.ExceptionsSubsections (1) and (2) do not apply in respect of a trust that meets the requirements of subsection 27(4) of the Conflict of Interest Act or a trust that is governed by a registered retirement savings plan or a registered education savings plan.Cessation of orderNo order made under this section has effect after the day on which the member to which the order relates ceases to be a member of the House of Commons and, for the purposes of this subsection, a person who was a member of the House of Commons immediately before the issue of a writ for the election of a new member in place of that person is deemed to continue to be a member of that House until the date of that election.Compliance measures under Conflict of Interest ActIf there is any inconsistency between an order made under this section and compliance measures required to be taken under the Conflict of Interest Act, the order prevails to the extent of the inconsistency.Offence and punishmentEvery member of the House of Commons who contravenes an order made under this section is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $2,000.Meaning of relativePersons who are related to a member of the House of Commons by birth, marriage, common-law partnership, adoption or affinity are the member’s relatives for the purpose of this section unless the Conflict of Interest and Ethics Commissioner determines, either generally or in relation to a particular member, that it is not necessary for the purposes of this section that a person or class of persons be considered a relative of the member.Meaning of common law partnershipFor the purpose of subsection (7), common law partnership means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year.
2006, c. 9, s. 99.
Notification of CommitteeAny person, including the Conflict of Interest and Ethics Commissioner, who has reasonable grounds to believe that an offence has been committed under section 41.1 shall, in writing, notify the Committee of the House of Commons designated to consider such matters.Opinion of CommitteeThe Committee may issue its opinion with respect to the notification within 30 sitting days of the House of Commons after being notified.
2006, c. 9, s. 99.
Order to be provided to CommitteeThe Conflict of Interest and Ethics Commissioner shall provide any order made under section 41.3 to a Committee of the House of Commons designated to consider whether a member has contravened an order of the Commissioner.Issuance of opinionThe Committee may issue its opinion with respect to the order within 30 sitting days of the House of Commons after being provided with the order.
2006, c. 9, s. 99.
Speaker, Parliamentary Secretaries, Clerk and Other PersonnelDeputy SpeakerSpeaker leaving the chairWhenever the Speaker of the House of Commons, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the House on any day, the Speaker may call on the Chairman of Committees or, in the absence of that Chairman, on any member of the House to take the chair and act as Deputy Speaker during the remainder of that day unless the Speaker resumes the chair before the close of the sittings for that day.
R.S., c. S-13, s. 2.
Unavoidable absenceWhenever the House of Commons is informed of the unavoidable absence of the Speaker thereof by the Clerk at the table, the Chairman of Committees, if present, shall take the chair and perform the duties and exercise the authority of Speaker in relation to all the proceedings of the House, as Deputy Speaker, until the meeting of the House on the next sitting day and so on from day to day, on the like information given to the House, until the House otherwise orders.Adjournment of more than 24 hoursNotwithstanding subsection (1), where the House of Commons adjourns for more than twenty-four hours, the Deputy Speaker shall continue to perform the duties and exercise the authority of Speaker for twenty-four hours only after that adjournment.
R.S., c. S-13, s. 3.
Validity of actsIf, at any time during a session of Parliament, the Speaker of the House of Commons is temporarily absent from the House and a Deputy Speaker thereupon performs the duties and exercises the authority of Speaker pursuant to section 42 or 43 or to the standing orders or other order or a resolution of the House, every act done and proceeding taken in or by the House, in the exercise of its powers and authority, has the same effect and validity as if the Speaker were in the chair.IdemEvery act done and warrant, order or other document issued, signed or published by a Deputy Speaker referred to in subsection (1) that relates to any proceedings of the House of Commons or that, under any statute, would be done, issued, signed or published by the Speaker, if then able to act, has the same effect and validity as if it had been done, issued, signed or published by the Speaker.
R.S., c. S-13, ss. 4, 5.
[Repealed, R.S., 1985, c. 42 (1st Supp.), s. 1]Parliamentary SecretariesAppointmentThe Governor in Council may appoint one or more members of the House of Commons to be Parliamentary Secretary or Secretaries to a minister.Maximum numberThere shall not be appointed more Parliamentary Secretaries than the number of ministers who hold offices for which salaries are provided in section 4.1 of the Salaries Act.Tenure of officeA Parliamentary Secretary holds office for a period not exceeding twelve months from the date of the appointment and, on ceasing to be a member of the House of Commons, ceases to hold the office of Parliamentary Secretary.
R.S., 1985, c. P-1, s. 46;
2005, c. 16, s. 2.
Previous VersionDutiesThe Parliamentary Secretary or Secretaries to a minister shall assist the minister in such manner as the minister directs.
R.S., c. P-1, s. 3.
Clerk and Other Personnel[Repealed, R.S., 1985, c. 1 (4th Supp.), s. 30]Oath of allegianceThe Clerk of the House of Commons shall take and subscribe before the Speaker thereof the oath of allegiance, and all other clerks, officers and messengers of the House shall take and subscribe before the Clerk the oath of allegiance.RegistryThe Clerk of the House of Commons shall keep a register of all oaths taken and subscribed under subsection (1).
R.S., c. H-9, s. 20.
Board of Internal EconomyEstablishment and OrganizationBoard establishedThere shall be a Board of Internal Economy of the House of Commons, in this section and sections 51 to 53 referred to as “the Board”, over which the Speaker of the House of Commons shall preside.Composition of BoardThe Board shall consist of the Speaker, two members of the Queen’s Privy Council for Canada appointed from time to time by the Governor in Council, the Leader of the Opposition or the nominee of the Leader of the Opposition and other members of the House of Commons who may be appointed from time to time as follows:if there is only one party in opposition to the government that has a recognized membership of twelve or more persons in the House of Commons, the caucus of that party may appoint two members of the Board and the caucus of the government party may appoint one member of the Board; andif there are two or more parties in opposition to the government each of which has a recognized membership of twelve or more persons in the House of Commons,the caucus of each of those parties in opposition may appoint one member of the Board, andthe caucus of the government party may appoint that number of members of the Board that is one less than the total number of members of the Board who may be appointed under subparagraph (i).[Repealed, 1997, c. 32, s. 1]Speaker to inform of appointmentsThe Speaker shall inform the House of Commons of any appointment made to the Board, on any of the first fifteen days on which the House is sitting after the appointment is made.Oath or affirmationEvery member of the Board shall, as soon as practicable after becoming a member of the Board, take before the Clerk of the House of Commons an oath or affirmation of fidelity and secrecy in the form set out in Form 3 of the schedule.ScopeFor greater certainty, the oath or affirmation referred to in subsection (5) only relates to matters of security, employment and staff relations, tenders and investigations in relation to a member of the House of Commons and nothing in subsection (5) shall be construed as preventing the communication of any information relating to other matters to a party caucus.
R.S., 1985, c. P-1, s. 50;
R.S., 1985, c. 42 (1st Supp.), s. 2;
1991, c. 20, s. 2;
1997, c. 32, s. 1.
Clerk is SecretaryThe Clerk of the House of Commons is the Secretary to the Board.
R.S., 1985, c. P-1, s. 51;
R.S., 1985, c. 42 (1st Supp.), s. 2;
1991, c. 20, s. 2.
QuorumFive members of the Board, of whom one shall be the Speaker, constitute a quorum.Death, disability or absence of SpeakerIn the event of the death, disability or absence of the Speaker, five members of the Board, of whom one shall be a member of the Queen’s Privy Council for Canada appointed under subsection 50(2), constitute a quorum. The members present shall designate a member from among themselves to chair the meeting.
R.S., 1985, c. P-1, s. 52;
R.S., 1985, c. 42 (1st Supp.), s. 2;
1991, c. 20, s. 2;
1997, c. 32, s. 2.
EmergenciesWhere the Speaker deems that there is an emergency, the Speaker may exercise any power of the Board.Report of decisionThe Speaker shall report to the Board any decision made under subsection (1) at the meeting of the Board immediately following the decision.
1991, c. 20, s. 2.
Functions of BoardCapacityIn exercising the powers and carrying out the functions conferred upon it pursuant to this Act, the Board has the capacity of a natural person and mayenter into contracts, memoranda of understanding or other arrangements in the name of the House of Commons or in the name of the Board; anddo all such things as are necessary or incidental to the exercising of its powers or the carrying out of its functions.ImmunityWhere a member of the Board participates in the exercise of the powers or the carrying out of the functions of the Board, the member shall not be held personally liable for the actions of the Board.
1991, c. 20, s. 2.
Function of BoardThe Board shall act on all financial and administrative matters respectingthe House of Commons, its premises, its services and its staff; andthe members of the House of Commons.
1991, c. 20, s. 2.
Estimate to be preparedPrior to each fiscal year the Board shall cause to be prepared an estimate of the sums that will be required to be provided by Parliament for the payment of the charges and expenses of the House of Commons and of the members thereof during the fiscal year.Estimate to be included in government estimates and tabledThe estimate referred to in subsection (1) shall be transmitted by the Speaker to the President of the Treasury Board who shall lay it before the House of Commons with the estimates of the government for the fiscal year.
1991, c. 20, s. 2.
By-lawsBy-lawsThe Board may make by-lawsrespecting the calling of meetings of the Board and the conduct of business at those meetings;governing the use by members of the House of Commons of funds, goods, services and premises made available to them for the carrying out of their parliamentary functions;prescribing the terms and conditions of the management of, and accounting for, by members of the House of Commons, of funds referred to in paragraph (b) and section 54; andrespecting all such things as are necessary or incidental to the exercise of its powers and the carrying out of its functions.Speaker to table by-lawsThe Speaker shall table before the House of Commons the by-laws made under this section on any of the first thirty days after the making thereof.Speaker to make by-laws availableWhen the House of Commons is not sitting, the Speaker shall cause the by-laws made under this section to be deposited with the Clerk of that House and such by-laws shall thereupon be deemed to have been tabled before the House of Commons.By-laws not statutory instrumentsBy-laws made under this section shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.
1991, c. 20, s. 2.
OpinionsExclusive authorityThe Board has the exclusive authority to determine whether any previous, current or proposed use by a member of the House of Commons of any funds, goods, services or premises made available to that member for the carrying out of parliamentary functions is or was proper, given the discharge of the parliamentary functions of members of the House of Commons, including whether any such use is or was proper having regard to the intent and purpose of the by-laws made under subsection 52.5(1).Members may applyAny member of the House of Commons may apply to the Board for an opinion with respect to any use by that member of funds, goods, services or premises referred to in subsection (1).
1991, c. 20, s. 2.
Opinion during investigationDuring any investigation by a peace officer in relation to the use by a member of the House of Commons of funds, goods, services or premises referred to in subsection 52.6(1), the peace officer may apply to the Board for, or the Board may, on its own initiative, provide the peace officer with, an opinion concerning the propriety of such use.Opinion to be consideredWhere an opinion is provided to a peace officer pursuant to subsection (1) and where an application for a process is made to a judge, the judge shall be provided with the opinion and shall consider it in determining whether to issue the process.Definition of “process”For the purposes of this section, process meansan authorization to intercept a private communication under section 185,an order for a special warrant under section 462.32,an order for a search warrant under section 487,a restraint order under section 462.33,the laying of an information under section 504 or 505,a summons or an arrest warrant under section 507, orthe confirmation of an appearance notice, promise to appear or recognizance under section 508of the Criminal Code.Issuance of process by judgeThe issuance of a process referred to in paragraphs (3)(c), (e), (f) and (g) that is based on the use by a member of the House of Commons of any funds, goods, services or premises made available to that member for the carrying out of parliamentary functions shall be authorized by a judge of a provincial court within the meaning of section 2 of the Criminal Code.
1991, c. 20, s. 2.
General opinionsIn addition to issuing opinions under section 52.6, the Board may issue general opinions regarding the proper use of funds, goods, services and premises within the intent and purpose of the by-laws made under subsection 52.5(1).
1991, c. 20, s. 2.
Comments may be includedThe Board may include in its opinions any comments that the Board considers relevant.Publication of opinionsSubject to subsection (3), the Board may publish, in whole or in part, its opinions for the guidance of members of the House of Commons.Privacy and notificationSubject to subsection (4), the Board shall take the necessary measures to assure the privacy of any member of the House of Commons who applies for an opinion and shall notify the member of its opinion.Making opinions availableFor the purposes of subsection 52.7(1), the Board may, if it considers it appropriate to do so, make any of its opinions, including opinions issued under section 52.6, available to the peace officer.
1991, c. 20, s. 2.
In case of dissolutionOn a dissolution of Parliament, every member of the Board and the Speaker and Deputy Speaker shall be deemed to remain in office as such, as if there had been no dissolution, until their replacement.
R.S., 1985, c. P-1, s. 53;
R.S., 1985, c. 42 (1st Supp.), s. 2;
1991, c. 20, s. 2.
[Repealed, 1991, c. 20, s. 2]ExpenditureAll funds, other than those applied toward payment of the salaries and expenses of Parliamentary Secretaries, expended under Part IV in respect of the House of Commons shall be expended and accounted for in the same manner as funds for defraying the charges and expenses of the House and of the members thereof are to be expended and accounted for pursuant to this Division.
R.S., 1985, c. P-1, s. 54;
1991, c. 20, s. 2.
REMUNERATION OF MEMBERS OF PARLIAMENTRemuneration Reference AmountReference amountCommencing on January 1, 2001, the remuneration reference amount is equal to the amount of the annual salary of the Chief Justice of the Supreme Court of Canada.Retroactive adjustments to reference amountAdjustments to the remuneration reference amount shall be made retroactively to take into account any retroactive changes in the annual salary of the Chief Justice.
2001, c. 20, s. 1.
Sessional Allowances Before April 1, 2004AmountThere shall be paid a sessional allowance at the rate of forty thousand two hundred dollars per annum, subject to adjustment made from time to time in accordance with subsections (3) to (6), to each of the members of the Senate and the House of Commons.Commencement of membershipFor the purposes of this section, a person shall be deemed to have become a member of the Senate on the day on which the person is summoned to the Senate, and a person shall be deemed to have become a member of the House of Commons on the day last fixed for the election of a member of the House of Commons for the electoral district represented by the person.AdjustmentSubject to subsections (5) and (6) and section 67, for each twelve month period commencing January 1, there shall be paid to each of the members of the Senate and the House of Commons a sessional allowance at the rate per annum that is obtained by multiplyingthe sessional allowance payable to each such member for the twelve month period immediately preceding the twelve month period in respect of which the sessional allowance is to be determinedbyone per cent less than the lesser ofthe percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year, andthe percentage that the Consumer Price Index for the first adjustment year is of the Consumer Price Index for the second adjustment year.Construction of certain expressionsFor the purposes of subsection (3),in relation to any twelve month period in respect of which the sessional allowance is to be determined,the “first adjustment year” is the last twelve month period, preceding the commencement of the period in respect of which the sessional allowance is to be determined, for which the Industrial Aggregate or the Consumer Price Index, as the case may be, is available on the first day of the period in respect of which the sessional allowance is to be determined, andthe “second adjustment year” is the twelve month period immediately preceding the first adjustment year; andthe “Industrial Aggregate” for an adjustment year is the average weekly wages and salaries of the Industrial Aggregate in Canada for that year as published by Statistics Canada under the authority of the Statistics Act.[Repealed, 2001, c. 20, s. 2]Sessional allowance for 1984Subject to section 67, there shall be paid to each of the members of the Senate and the House of Commons for the twelve month period commencing January 1, 1984 a sessional allowance at the rate per annum that is the lesser ofthe rate per annum that would, but for this subsection, be determined under subsection (3), andthe rate per annum that is obtained by multiplyingthe sessional allowance that was paid for the twelve month period commencing January 1, 1983 to each member under this section as in force at that datebyone hundred and five per cent.Calculation of allowance after January 1, 1985For the purposes of calculating a sessional allowance under subsection (3) for the twelve month period commencing January 1, 1985, the sessional allowance payable for the twelve month period immediately preceding that twelve month period shall be deemed to be the sessional allowance payable under subsection (5).Override as of January 1, 1986Notwithstanding subsection (3), there shall be paid to each of the members of the Senate and the House of Commons for the twelve month period commencing January 1, 1986 a sessional allowance that is one thousand dollars less than the amount that would, but for this subsection, be determined under subsection (3).Deeming provisionFor the purposes of calculatinga sessional allowance under subsection (3) for any period commencing after December 31, 1986, andcontributions and allowances under the Members of Parliament Retiring Allowances Act,the sessional allowance payable for the twelve month period commencing January 1, 1986 shall be deemed to have been the sessional allowance that would, but for subsection (7), have been determined under subsection (3).Override as of January 1, 1992Notwithstanding subsection (3), there shall be paid to every member of the Senate and House of Commonsfor the twelve month period commencing January 1, 1992, a sessional allowance at the same rate per annum as the sessional allowance payable to each such member for the twelve month period immediately preceding January 1, 1992; andfor the twelve month periods commencing January 1, 1993, January 1, 1994, January 1, 1995, January 1, 1996 and January 1, 1997, a sessional allowance at the same rate per annum as the sessional allowance payable to each such member for the twelve month period commencing January 1, 1992 under paragraph (a).Sessional allowance after January 1, 1998Despite subsection (3), the sessional allowance for the twelve month period beginning on January 1, 1998 and for every twelve month period beginning on every successive January 1 during the 36th Parliament is the sessional allowance payable for the twelve month period immediately before that period increased by two per cent.DeemingFor the purpose of calculating the sessional allowance for the twelve month period beginning on January 1, 1998, the sessional allowance payable for the twelve month period immediately before that period is deemed to be the sessional allowance payable under paragraph (9)(b).Sessional allowance after January 1, 2001Notwithstanding anything in this section, the annual sessional allowance that shall be paid, commencing on January 1, 2001,to members of the Senate is equal to 50 per cent of the remuneration reference amount referred to in section 54.1 minus $25,000; andto members of the House of Commons is equal to 50 per cent of the remuneration reference amount referred to in section 54.1.
R.S., 1985, c. P-1, s. 55;
R.S., 1985, c. 38 (2nd Supp.), s. 1;
1991, c. 30, s. 23;
1993, c. 13, s. 11;
1994, c. 18, s. 10;
1998, c. 23, s. 1;
2001, c. 20, s. 2.
Sessional Allowances From April 1, 2004Members of Parliament — fiscal year 2004-2005Despite section 55, the annual sessional allowance that shall be paid for the fiscal year commencing on April 1, 2004 tomembers of the Senate is $116,200; andmembers of the House of Commons is $141,200.Subsequent fiscal yearsDespite section 55, the annual sessional allowance that shall be paid for each fiscal year subsequent to March 31, 2005 tomembers of the Senate is the sessional allowance calculated in accordance with paragraph (b) minus $25,000; andmembers of the House of Commons is the sessional allowance for the previous fiscal year plus the amount obtained by multiplying that sessional allowance by the index described in section 67.1 for the previous calendar year.
2005, c. 16, s. 4.
How allowance paidThe sessional allowances payable under section 55.1 shall be paid in monthly instalments on the last day of each month.
R.S., 1985, c. P-1, s. 56;
2005, c. 16, s. 4.
Previous VersionGeneral Provisions Regarding Sessional AllowancesDeductions for non-attendanceA deduction at the rate of $120 per day shall be made from the sessional allowance of a member of either House of Parliament for every day beyond 21 on which the member does not attend a sitting of that House if it sits on that day.Days not reckonedFor the purposes of subsection (1), in the case of a member elected or appointed after the commencement of a session, no day of a session previous to the election or appointment shall be reckoned as one of the twenty-one days referred to in that subsection.Reckoning days of attendanceEach day during a session on whicha member of either House of Parliament did not attend a sitting thereof by reason of public or official business,there has been no sitting of the House in consequence of its having adjourned over that day, orthe member is unable to attend by reason of being ill,shall be reckoned as a day of attendance of the member at that session.Payment of sessional allowance on deathWhere a member of either House of Parliament dies, the sessional allowance of the member shall be paid to the end of the month in which the death occurs.
R.S., 1985, c. P-1, s. 57;
2001, c. 20, s. 3.
Service in armed forces not computedIn the calculation pursuant to this Part of any deduction from the sessional allowance of a member on account of absence, days that were spent by the memberon service as an officer or non-commissioned member of the reserve force while on any training or other duty authorized by regulations or orders made under the National Defence Act, orin the Canadian Forces or in any other armed forces of Her Majesty while those forces are on active service in consequence of any war,shall not be computed.
R.S., 1985, c. P-1, s. 58;
R.S., 1985, c. 31 (1st Supp.), s. 61.
Stricter provisions by regulation of either HouseThe Senate or the House of Commons may make regulations, by rule or by order, rendering more stringent on its own members the provisions of this Act that relate to the attendance of members or to the deductions to be made from sessional allowances.
R.S., c. S-8, s. 40.
Salaries and Additional Allowances of Members Before April 1, 2004Presiding officersThere shall be paid to the following members of the Senate or House of Commons annual salaries equal to the remuneration reference amount referred to in section 54.1 multiplied by the following percentages:the Speaker of the Senate, 17.6 per cent;any member of the Senate occupying the recognized position of Speaker
pro tempore of the Senate, 7.3 per cent;the Speaker of the House of Commons, 24 per cent;the Deputy Speaker of the House of Commons, 12.5 per cent;the Deputy Chair of the Committee of the Whole House of Commons, 5.1 per cent;the Assistant Deputy Chair of the Committee of the Whole House of Commons, 5.1 per cent;any member — except one who receives a salary under the
Salaries Act — occupying the position of Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, 3.6%; andany member — except one who receives a salary under the
Salaries Act — occupying the position of Vice-Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, 1.9%.
R.S., 1985, c. P-1, s. 60;
1998, c. 23, s. 2;
2001, c. 20, s. 4;
2003, c. 16, s. 10.
Previous VersionParliamentary SecretariesCommencing on January 1, 2001, a Parliamentary Secretary shall be paid an annual salary equal to the remuneration reference amount referred to in section 54.1 multiplied by 5.1 per cent.
R.S., 1985, c. P-1, s. 61;
1998, c. 23, s. 3;
2001, c. 20, s. 4.
Additional allowancesCommencing on January 1, 2001, there shall be paid to the following members of the Senate or the House of Commons additional annual allowances equal to the remuneration reference amount referred to in section 54.1 multiplied by the following percentages:the member of the Senate occupying the position of Leader of the Government in the Senate, except any such member in receipt of a salary under the Salaries Act, 24 per cent;the member of the Senate occupying the position of Leader of the Opposition in the Senate, 11.5 per cent;the member of the Senate occupying the position of Deputy Leader of the Government in the Senate, 11.5 per cent;the member of the Senate occupying the position of Deputy Leader of the Opposition in the Senate, 7.3 per cent;the member of the Senate occupying the position of Government Whip in the Senate, 3.6 per cent;the member of the Senate occupying the position of Opposition Whip in the Senate, 2.2 per cent;the member occupying the position of Leader of the Opposition in the House of Commons, 24 per cent;each member of the House of Commons, other than the Prime Minister or the member occupying the position of Leader of the Opposition in the House of Commons, who is the leader of a party that has a recognized membership of twelve or more persons in the House, 17.1 per cent;each of the members occupying the positions of Chief Government Whip and Chief Opposition Whip in the House of Commons, 9.1 per cent;each of the members occupying the positions of Deputy Government Whip and Deputy Opposition Whip and the position of Whip of a party that has a recognized membership of twelve or more persons in the House of Commons, 3.6 per cent;the member occupying the position of Opposition House Leader in the House of Commons, 12.5 per cent; andthe member occupying the position of House Leader of a party that has a recognized membership of twelve or more persons in the House of Commons, 5.1 per cent.
R.S., 1985, c. P-1, s. 62;
1998, c. 23, s. 4;
2001, c. 20, s. 4.
Salaries and Additional Allowances of Members From April 1, 2004Presiding officers — fiscal year 2004-2005Despite section 60, for the fiscal year commencing on April 1, 2004 there shall be paid to the following members of the Senate and the House of Commons the following annual salaries:the Speaker of the Senate, $49,600;the member of the Senate occupying the recognized position of Speaker pro tempore of the Senate, $20,600;the Speaker of the House of Commons, $67,800;the Deputy Speaker of the House of Commons, $35,300;the Deputy Chair of the Committee of the Whole House of Commons, $14,300;the Assistant Deputy Chair of the Committee of the Whole House of Commons, $14,300;the member — unless he or she receives a salary under the Salaries Act — occupying the position of Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, $10,100; andthe member — unless he or she receives a salary under the Salaries Act — occupying the position of Vice-Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, $5,200.Subsequent fiscal yearsDespite section 60, the annual salary that shall be paid for each fiscal year subsequent to March 31, 2005 to a member of the Senate or the House of Commons referred to in subsection (1) is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 67.1 for the previous calendar year.
2005, c. 16, s. 6.
Parliamentary Secretaries — fiscal year 2004-2005Despite section 61, for the fiscal year commencing on April 1, 2004 a Parliamentary Secretary shall be paid an annual salary of $14,300.Subsequent fiscal yearsDespite section 61, the annual salary that shall be paid for each fiscal year subsequent to March 31, 2005 to a Parliamentary Secretary is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 67.1 for the previous calendar year.
2005, c. 16, s. 6.
Other members of Parliament — fiscal year 2004-2005Despite section 62, for the fiscal year commencing on April 1, 2004 there shall be paid to the following members of the Senate or the House of Commons the following additional annual allowances:the member of the Senate occupying the position of Leader of the Government in the Senate, unless the member is in receipt of a salary under the Salaries Act, $67,800;the member of the Senate occupying the position of Leader of the Opposition in the Senate, $32,400;the member of the Senate occupying the position of Deputy Leader of the Government in the Senate, $32,400;the member of the Senate occupying the position of Deputy Leader of the Opposition in the Senate, $20,600;the member of the Senate occupying the position of Government Whip in the Senate, $10,100;the member of the Senate occupying the position of Opposition Whip in the Senate, $6,100;the member of the Senate occupying the position of Deputy Government Whip in the Senate, $5,200;the member of the Senate occupying the position of Deputy Opposition Whip in the Senate, $3,100;the member of the Senate occupying the position of Chair of the Caucus of the Government in the Senate, $6,100;the member of the Senate occupying the position of Chair of the Caucus of the Opposition in the Senate, $5,200;the member occupying the position of Leader of the Opposition in the House of Commons, $67,800;each member of the House of Commons, other than the Prime Minister or the member occupying the position of Leader of the Opposition in the House of Commons, who is the leader of a party that has a recognized membership of twelve or more persons in the House, $48,300;each of the members occupying the positions of Chief Government Whip and Chief Opposition Whip in the House of Commons, $25,600;each of the members occupying the positions of Deputy Government Whip and Deputy Opposition Whip and the position of Whip of a party that has a recognized membership of twelve or more persons in the House of Commons, $10,100;the member occupying the position of Deputy Whip of a party that has a recognized membership of twelve or more persons in the House of Commons, $5,200;the member occupying the position of Opposition House Leader in the House of Commons, $35,300;the member occupying the position of Deputy House Leader of the Government in the House of Commons, unless the member is in receipt of a salary under the Salaries Act or section 62.2 of this Act, $14,300;the member occupying the position of Deputy House Leader of the Opposition in the House of Commons, $14,300;the member occupying the position of House Leader of a party that has a recognized membership of twelve or more persons in the House of Commons, $14,300;the member occupying the position of Deputy House Leader of a party that has a recognized membership of twelve or more persons in the House of Commons, $5,200;each of the members occupying the positions of Chair of the Caucus of the Government and Chair of the Caucus of the Opposition in the House of Commons, $10,100; andthe member occupying the position of Chair of the Caucus of a party that has a recognized membership of twelve or more persons in the House of Commons, $5,200.Subsequent fiscal yearsDespite section 62, the additional annual allowance that shall be paid for each fiscal year subsequent to March 31, 2005 to a member of the Senate or the House of Commons referred to in subsection (1) is the additional annual allowance for the previous fiscal year plus the amount obtained by multiplying that additional annual allowance by the index described in section 67.1 for the previous calendar year.
2005, c. 16, s. 6.
ExpensesMoving, transportation, travel and telecommunication expensesFor each session of Parliament, there shall be allowed to every member of each House of Parliament such actual moving, transportation, travel and telecommunication expenses as that House may, by order, prescribe.Motor vehicle allowancesIn addition to the expenses payable pursuant to subsection (1), there shall be paid annuallyto each minister of the Crown, a motor vehicle allowance of two thousand dollars;to the member holding the recognized position of Leader of the Opposition in the House of Commons, a motor vehicle allowance of two thousand dollars; andto each of the Speakers of the Senate and the House of Commons, a motor vehicle allowance of one thousand dollars.[Repealed, 2001, c. 20, s. 5]
R.S., 1985, c. P-1, s. 63;
1993, c. 28, s. 78;
2000, c. 9, s. 565;
2001, c. 20, s. 5.
[Repealed, 2001, c. 20, s. 6]Statement of attendanceFor each session of Parliament, at the end of each month and at the end of the session, every member of each House of Parliament shall furnish the Clerk of that House with a statement, signed by the member, of the number of days attendance during the month or session, as the case may be, and, in the case of the inclusion of days on which the member has failed to attend by reason of illness, setting out that fact and that the absence was due to that illness and was unavoidable.Statement of travel and other expensesEvery member of each House of Parliament applying for an allowance for travel expenses shall furnish the Clerk of that House with a statement, signed by the member, of the actual moving or transportation expenses as provided for in subsection 63(1).
R.S., 1985, c. P-1, s. 65;
2001, c. 20, s. 7.
Regulations respecting Parliamentary Secretary’s expensesThe Governor in Council may make regulations providing for the payment to a Parliamentary Secretary of reasonable travel and other expensesincurred by, and in the discharge of the duties of, the Parliamentary Secretary during a session of Parliament while away from Ottawa; orincurred by the Parliamentary Secretary in the discharge of the duties, while away from the ordinary place of residence, of the Parliamentary Secretary during a period when Parliament is not in session.
R.S., c. P-1, s. 5.
[Repealed, 2001, c. 20, s. 8]Adjustment of Salaries and AllowancesRounding of amountsThe salaries and allowances payable to members of the Senate and the House of Commons under sections 55.1 and 62.1 to 62.3 of this Act and section 4.1 of the Salaries Act shall be rounded down to the nearest hundred dollars.
R.S., 1985, c. P-1, s. 67;
R.S., 1985, c. 38 (2nd Supp.), s. 2;
1991, c. 30, s. 24;
2001, c. 20, s. 9;
2003, c. 16, s. 11;
2005, c. 16, s. 7.
Previous VersionIndexThe index referred to in paragraph 55.1(2)(b) and subsections 62.1(2), 62.2(2) and 62.3(2) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Human Resources and Skills Development within three months after the end of that calendar year.
2005, c. 16, ss. 7, 21.
Previous Version[Repealed, 2001, c. 20, s. 9]Allowances after DissolutionPayment after dissolutionFor the purposes of the allowances payable under sections 55.1 and 63, a person who, immediately before a dissolution of the House of Commons, was a member of the House shall be deemed to continue to be a member of the House until the date of the next following general election.
R.S., 1985, c. P-1, s. 69;
2005, c. 16, s. 8.
Previous VersionSeverance AllowanceWhere member not re-electedSubject to section 71, where a person who holds a seat in the House of Commons on the day of a dissolution of the House is, for any reason, not re-elected as a member thereof at the next following general election of members of the House, the person shall be paid a severance allowance in accordance with subsection (4).Death or disabilitySubject to subsection (2.1) and section 71, where a person who holds a seat in the House of Commons dies or ceases to be a member of the House by reason of any permanent illness or infirmity by which the person is, in the opinion of the Speaker of the House, disabled from performing the person’s duties as a member of the House, there shall be paid to or in respect of the person a severance allowance in accordance with subsection (4).ExceptionA severance allowance shall not be paid to or in respect of a person who is entitled to and elects to receive a disability allowance under section 71.1.Notice of Speaker’s opinionNotice of the opinion referred to in subsection (2) shall be given to members of the House of Commons by means of a statement made by the Speaker in the House.AmountSubject to subsections (4.1) and (5), the severance allowance to be paid to or in respect of a person under subsection (1) or (2) shall be a lump sum amount equal to fifty per cent of the aggregate ofthe sessional allowance under section 55.1, andany salary or allowance under section 62.1, 62.2 or 62.3 of this Act or section 4.1 of the Salaries Actto which the person was entitled immediately before ceasing to be a member of Parliament.AmountSubject to subsection (5), the severance allowance to be paid to or in respect of a person under subsection (1) or (2) who is under fifty-five years of age on the day on which the person ceases to be a member and to whom an allowance would be immediately payable under the Members of Parliament Retiring Allowances Act shall be the amount that would be the severance allowance determined under subsection (4) but for this subsection less an amount equal to the annual allowance immediately payable under that Act to the person.AmountThe severance allowance to be paid to or in respect of a person under subsection (1) or (2) who is subject to the Members of Parliament Retiring Allowances Act who is fifty-four years of age immediately before ceasing to be a member of the House of Commons and who will be fifty-five years of age in less than six months isthe severance allowance that would otherwise be payable under subsection (4)reduced bythe amount determined by the formulaA/B × CwhereAis the number of days between the beginning of the period mentioned in B and the day the person ceased to be a member of the House of Commons,Bis the number of days in the six month period immediately before the person’s fifty-fifth birthday, andCis the severance allowance that would otherwise be payable under subsection (4).Supplementary severance allowanceSubject to subsection (8), a person who was entitled to elect under subsection 10(1.1) and 32(1.1) of the Members of Parliament Retiring Allowances Act and who did not elect shall be paid a supplementary severance allowance in the form of a lump sum equal toin the case of a person to whom an allowance would not be payable under the Members of Parliament Retiring Allowances Act, one twelfth of the sessional allowance under section 55 and any salary or allowance under section 60, 61 or 62 of this Act or section 4 of the Salaries Act to which the person was entitled immediately before ceasing to be a member, for every year the member was a member, to a maximum of twelve years; andin the case of a person to whom an allowance would be payable under the Members of Parliament Retiring Allowances Act, one twelfth of the sessional allowance under section 55 and any salary or allowance under section 60, 61 or 62 of this Act or section 4 of the Salaries Act to which the person was entitled immediately before ceasing to be a member, for every year the member was a member in the period referred to in subsections 10(1.1) and 32(1.1) of the Members of Parliament Retiring Allowances Act.[Repealed, 2000, c. 27, s. 1]Persons under fifty-five years of ageA person who is under fifty-five years of age on the day the person ceases to be a member is entitled to the supplementary severance allowance only if the person has been a member for at least six years.Payment deferredPayment of a supplementary severance allowance to a person referred to in subsection (8) who is entitled to it shall be deferred until the person reaches the age of fifty-five, except that if the person dies after becoming entitled to the supplementary severance allowance, it shall be payable immediately. Interest shall accrue on the amount of the supplementary severance allowance from the time the person becomes entitled to it to the time it is paid.Member for a yearFor the purposes of subsections (6) and (8), a member is deemed to have been a member for a year if the member was a member for six months or more in any twelve month period.
R.S., 1985, c. P-1, s. 70;
1998, c. 23, s. 6;
2000, c. 27, s. 1;
2001, c. 20, s. 10;
2005, c. 16, s. 9.
Previous VersionRestrictionA severance allowance shall not be paid under subsection 70(1) or (2) to or in respect of any person to or in respect of whom an allowance is immediately payable under the Members of Parliament Retiring Allowances Act, except in the case referred to in subsection 70(4.1).
R.S., 1985, c. P-1, s. 71;
1998, c. 23, s. 7;
2000, c. 27, s. 2.
Disability AllowanceEntitlementA member of the Senate or the House of Commons who resigns by reason of disability may elect to receive an annual disability allowance equal to 70% of their annual salaries and allowances under sections 55.1 and 62.1 to 62.3 of this Act and section 4.1 of the
Salaries Act , on the date of resignation, if at the time of their resignation, the memberis 65 years of age or over; andis incapable, because of the disability, of performing the member’s duties.AdjustmentsThe disability allowance shall be adjusted to take into account changes in the annual salaries and allowances on which the disability allowance was based.PaymentThe disability allowance shall be paidin the case of a member of the Senate, until the member revokes the election, attains 75 years of age or dies, whichever is the earliest; orin the case of a member of the House of Commons, until the member revokes the election or dies or the date of the next general election following the member’s resignation, whichever is the earliest.RegulationsThe Governor in Council may make regulations respecting disability allowances, including regulations respectingthe determination of eligibility for disability allowances and medical examinations that are required;elections to receive disability allowances and the revocation of elections; andthe administration and payment of disability allowances.Retroactive regulationsRegulations made under subsection (4) may, if they so provide, be retroactive.
2001, c. 20, s. 11;
2003, c. 16, s. 12;
2005, c. 16, s. 10.
Previous VersionGroup Insurance PlansEligibility if person not in receipt of allowanceIf a person, having reached 50 years of age and having contributed or elected to contribute under the Members of Parliament Retiring Allowances Act as a member for at least six years, ceases to be a member of the Senate or the House of Commons and is not in receipt of an allowance by virtue of subsection 37.1(1) of that Act, the person is deemed to be in receipt of an allowance, other than a withdrawal allowance, under that Act for the purpose of being eligible to participate in the Public Service Health Care Plan, the Pensioners’ Dental Services Plan and the Public Service Management Insurance Plan established by the Treasury Board, on the same terms and conditions as apply to persons in receipt of an allowance, other than a withdrawal allowance, under that Act.When provision ceases to applySubsection (1) ceases to apply if the personreaches 55 years of age;becomes entitled to receive a disability pension under the Canada Pension Plan or a provincial pension plan similar to it; orbecomes a member of the Senate or the House of Commons.Eligibility if person in receipt of disability allowanceA person who is entitled to and elects to receive a disability allowance under section 71.1 is deemed to be in receipt of an allowance, other than a withdrawal allowance, under the Members of Parliament Retiring Allowances Act for the purpose of being eligible to participate in the plans referred to in subsection (1), on the same terms and conditions as apply to persons in receipt of an allowance, other than a withdrawal allowance, under that Act.
2004, c. 18, s. 1.
Financial ProvisionsPayments out of C.R.F.There is hereby granted to Her Majesty, out of any unappropriated moneys forming part of the Consolidated Revenue Fund, an annual sum sufficient to enable Her Majesty to pay the amount of the sessional allowances of members of Parliament.Salary of Parliamentary SecretariesThe salary of a Parliamentary Secretary under this Act shall be paid out of the Consolidated Revenue Fund.Payments out of C.R.F.The sessional allowances payable under subsection 55(10), any supplementary severance allowance payable under subsection 70(6) and any disability allowance payable under section 71.1 shall be paid out of the Consolidated Revenue Fund.
R.S., 1985, c. P-1, s. 72;
1998, c. 23, s. 8;
2001, c. 20, s. 12.
GENERAL[Repealed, 2006, c. 9, s. 27]Previous Version[Repealed, 2006, c. 9, s. 27]Previous Version[Repealed, 2006, c. 9, s. 27]Previous Version[Repealed, 2006, c. 9, s. 27]Previous Version[Repealed, 2006, c. 9, s. 27]Previous Version[Repealed, 2006, c. 9, s. 27]Previous Version[Repealed, 2006, c. 9, s. 27]Previous Version[Repealed, 2006, c. 9, s. 27]Previous Version[Repealed, 2006, c. 9, s. 27]Previous Version[Repealed, 2006, c. 9, s. 27]Previous Version[Repealed, 2006, c. 9, s. 27]Previous Version[Repealed, 2006, c. 9, s. 27]Previous Version[Repealed, 2006, c. 9, s. 27]Previous Version[Repealed, 2006, c. 9, s. 27]Previous Version[Repealed, 2006, c. 9, s. 27]Previous VersionLibrary of ParliamentBooks, etc., vested in Her MajestyAll books, paintings, maps and other articles that are in the joint possession of the Senate and the House of Commons, including any additions to the collection of articles, are vested in Her Majesty, for the use of both Houses of Parliament, and shall be kept in a suitable portion of the Parliament buildings appropriated for that purpose.
R.S., c. L-7, s. 2.
AdministrationThe direction and control of the Library of Parliament and the officers, clerks and servants connected therewith is vested in the Speaker of the Senate and the Speaker of the House of Commons assisted, during each session, by a joint committee to be appointed by the two Houses.RegulationsThe Speakers of the two Houses of Parliament, assisted by the joint committee referred to in subsection (1), may, subject to the approval of the two Houses, make such orders and regulations for the government of the Library, and for the proper expenditure of moneys voted by Parliament for the purchase of books, maps or other articles to be deposited therein, as appear to them appropriate.
R.S., c. L-7, ss. 3, 4.
Parliamentary LibrarianThe Governor in Council may, by commission under the Great Seal, appoint a Parliamentary Librarian to hold office during pleasure.Rank and dutiesThe Parliamentary Librarian has the rank of a deputy head of a department of the Government of Canada and, subject to section 74, has the control and management of the Library.Associate Parliamentary LibrarianThe Governor in Council may, by commission under the Great Seal, appoint an Associate Parliamentary Librarian to hold office during pleasure who, in addition to any duties defined in respect of the office under section 78, shall execute and perform the duties and functions of Parliamentary Librarian during the absence, illness or other incapacity of the Parliamentary Librarian or during a vacancy in the office of Parliamentary Librarian.Other officers and employeesThe officers, other than the Parliamentary Librarian, the Associate Parliamentary Librarian and the Parliamentary Budget Officer, and the clerks and servants who are authorized by law and required for the service of the Library may be appointed in the manner prescribed by law to hold office during pleasure.
R.S., 1985, c. P-1, s. 75;
2006, c. 9, s. 114.
Previous VersionParliamentary Poet LaureateThere is hereby established the position of Parliamentary Poet Laureate, the holder of which is an officer of the Library of Parliament.SelectionThe Speaker of the Senate and the Speaker of the House of Commons, acting together, shall select the Parliamentary Poet Laureate from a list of three names submitted in confidence by a committee chaired by the Parliamentary Librarian and also composed of the Librarian and Archivist of Canada, the Commissioner of Official Languages for Canada and the Chair of the Canada Council.TermThe Parliamentary Poet Laureate holds office for a term not exceeding two years, at the pleasure of the Speaker of the Senate and the Speaker of the House of Commons acting together.Roles and responsibilitiesThe Parliamentary Poet Laureate maywrite poetry, especially for use in Parliament on occasions of state;sponsor poetry readings;give advice to the Parliamentary Librarian regarding the collection of the Library and acquisitions to enrich its cultural holdings; andperform such other related duties as are requested by either Speaker or the Parliamentary Librarian.
2001, c. 36, s. 1;
2004, c. 11, s. 35.
Previous VersionSalaries of LibrariansEach of the Librarians appointed under subsections 75(1) and (3) shall receive such salary as that Librarian is by law authorized to receive.Salaries of other officers and employeesThe salaries of the officers, other than those referred to in subsection (1), and of the clerks and servants of the Library shall be fixed according to the scale provided by law.
R.S., c. L-7, s. 7.
PaymentThe salaries of the officers, clerks and servants of the Library of Parliament and any casual expenses connected therewith shall be paid out of moneys provided by Parliament for that purpose.
R.S., c. L-7, s. 8.
Duties of Librarians and staffThe Parliamentary Librarian, the Associate Parliamentary Librarian, the Parliamentary Budget Officer and the other officers, clerks and servants of the Library are responsible for the faithful discharge of their official duties, as defined, subject to this Act, by regulations agreed on by the Speakers of the two Houses of Parliament and concurred in by the joint committee referred to in section 74.
R.S., 1985, c. P-1, s. 78;
2006, c. 9, s. 115.
Previous VersionStationeryThe supply of stationery required for the use of the Library shall be furnished by the Department of Public Works and Government Services and charged to the Houses of Parliament.
R.S., 1985, c. P-1, s. 79;
1996, c. 16, s. 61.
Parliamentary Budget OfficerThere is hereby established the position of Parliamentary Budget Officer, the holder of which is an officer of the Library of Parliament.Appointment and term of officeThe Governor in Council shall, by commission under the Great Seal, appoint the Parliamentary Budget Officer to hold office during pleasure for a renewable term of not more than five years.SelectionThe Governor in Council may select the Parliamentary Budget Officer from a list of three names submitted in confidence, through the Leader of the Government in the House of Commons, by a committee formed and chaired by the Parliamentary Librarian.Remuneration and expensesThe Parliamentary Budget Officer shall be paid the remuneration and expenses set by the Governor in Council.
2006, c. 9, s. 116.
MandateThe mandate of the Parliamentary Budget Officer is toprovide independent analysis to the Senate and to the House of Commons about the state of the nation’s finances, the estimates of the government and trends in the national economy;when requested to do so by any of the following committees, undertake research for that committee into the nation’s finances and economy:the Standing Committee on National Finance of the Senate or, in the event that there is not a Standing Committee on National Finance, the appropriate committee of the Senate,the Standing Committee on Finance of the House of Commons or, in the event that there is not a Standing Committee on Finance, the appropriate committee of the House of Commons, orthe Standing Committee on Public Accounts of the House of Commons or, in the event that there is not a Standing Committee on Public Accounts, the appropriate committee of the House of Commons;when requested to do so by a committee of the Senate or of the House of Commons, or a committee of both Houses, that is mandated to consider the estimates of the government, undertake research for that committee into those estimates; andwhen requested to do so by a member of either House or by a committee of the Senate or of the House of Commons, or a committee of both Houses, estimate the financial cost of any proposal that relates to a matter over which Parliament has jurisdiction.
2006, c. 9, s. 116.
Access to financial and economic dataExcept as provided by any other Act of Parliament that expressly refers to this subsection, the Parliamentary Budget Officer is entitled, by request made to the deputy head of a department within the meaning of any of paragraphs (a), (a.1) and (d) of the definition department in section 2 of the Financial Administration Act, or to any other person designated by that deputy head for the purpose of this section, to free and timely access to any financial or economic data in the possession of the department that are required for the performance of his or her mandate.ExceptionSubsection (1) does not apply in respect of any financial or economic datathat are information the disclosure of which is restricted under section 19 of the Access to Information Act or any provision set out in Schedule II to that Act; orthat are contained in a confidence of the Queen’s Privy Council for Canada described in subsection 69(1) of that Act, unless the data are also contained in any other record, within the meaning of section 3 of that Act, and are not information referred to in paragraph (a).
2006, c. 9, s. 116.
ConfidentialityThe Parliamentary Budget Officer, and every person acting on behalf or under the direction of the Parliamentary Budget Officer, shall not disclose any financial or economic data that come to their knowledge under section 79.3, unless the disclosure is essential for the performance of his or her mandate and the financial or economic data to which the disclosure relates are not information described in subsection 13(1), section 14, any of paragraphs 18(a) to (d), section 18.1, any of paragraphs 20(1)(b) to (d) or section 20.1 of the Access to Information Act.
2006, c. 9, ss. 116, 117.
Previous VersionPowers to contractThe Parliamentary Budget Officer may, in the performance of his or her mandate, enter into contracts, memoranda of understanding or other arrangements in the name of his or her position.Technical assistanceThe Parliamentary Budget Officer may engage on a temporary basis the services of persons having technical or specialized knowledge necessary for the performance of his or her mandate.Authorization to assistThe Parliamentary Budget Officer may authorize a person employed in the Library of Parliament to assist him or her to exercise any of the powers under subsection (1) or (2), subject to the conditions that the Parliamentary Budget Officer sets.ClarificationFor greater certainty, section 74 and subsection 75(2) apply in respect of the exercise of the powers described in subsections (1) to (3).
2006, c. 9, s. 116.
Offence and PunishmentProhibited use of expression “Parliament Hill”Notwithstanding anything contained in any Act of Parliament or regulation made thereunder, no person shall use the words “Parliament Hill” in combinationto describe or designate a property, place, site or location in the National Capital Region described in the schedule to the National Capital Act other than the area of ground in the City of Ottawa bounded by Wellington Street, the Rideau Canal, the Ottawa River and Kent Street;to identify any goods, merchandise, wares or articles for commercial use or sale; orin association with a commercial establishment providing services.Offence and punishmentEvery person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.ConstructionThis section shall not be construed as limiting in any way the powers, privileges, rights and immunities of both Houses of Parliament and of their members.
R.S., 1985, c. P-1, s. 80;
2001, c. 20, s. 13.
Conflict of Interest and Ethics CommissionerAppointmentThe Governor in Council shall, by commission under the Great Seal, appoint a Conflict of Interest and Ethics Commissioner after consultation with the leader of every recognized party in the House of Commons and approval of the appointment by resolution of that House.QualificationsIn order to be appointed under subsection (1), a person must bea former judge of a superior court in Canada or of any other court whose members are appointed under an Act of the legislature of a province;a former member of a federal or provincial board, commission or tribunal who, in the opinion of the Governor in Council, has demonstrated expertise in one or more of the following:conflicts of interest,financial arrangements,professional regulation and discipline, orethics; ora former Senate Ethics Officer or former Ethics Commissioner.ReappointmentThe Commissioner is eligible to be reappointed for one or more terms of up to seven years each.
2006, c. 9, s. 28.
TenureThe Commissioner holds office during good behaviour for a term of seven years but may be removed for cause by the Governor in Council on address of the House of Commons.Interim appointmentIn the event of the absence or incapacity of the Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.
2006, c. 9, s. 28.
RemunerationThe Commissioner shall be paid the remuneration and expenses set by the Governor in Council.Carrying out functionsThe Commissioner shall engage exclusively in the duties and functions of the Commissioner and may not hold any office under Her Majesty or engage in any other employment for reward.
2006, c. 9, s. 28.
Deputy headThe Commissioner has the rank of a deputy head of a department of the Government of Canada and has the control and management of the office of the Commissioner.Powers to contractThe Commissioner may, in carrying out the work of the office of the Commissioner, enter into contracts, memoranda of understanding or other arrangements.StaffThe Commissioner may employ any officers and employees and may engage the services of any agents and mandataries, advisers and consultants that the Commissioner considers necessary for the proper conduct of the work of the office of the Commissioner.AuthorizationThe Commissioner may, subject to the conditions he or she sets, authorize any person to exercise any powers under subsection (2) or (3) on behalf of the Commissioner that he or she may determine.SalariesThe salaries of the officers and employees of the office of the Commissioner shall be fixed according to the scale provided by law.PaymentThe salaries of the officers and employees of the office of the Commissioner, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose.Estimates to be preparedPrior to each fiscal year, the Commissioner shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Commissioner during the fiscal year.Inclusion in government estimatesThe estimate referred to in subsection (7) shall be considered by the Speaker of the House of Commons and then transmitted to the President of the Treasury Board, who shall lay it before the House of Commons with the estimates of the Government for the fiscal year.
2006, c. 9, s. 28.
MandateThe mandate of the Commissioner is tocarry out the functions of the Commissioner referred to in sections 86 and 87; andprovide confidential policy advice and support to the Prime Minister in respect of conflict of interest and ethical issues in general.
2006, c. 9, s. 28.
Functions: members of House of CommonsThe Commissioner shall perform the duties and functions assigned by the House of Commons for governing the conduct of its members when they are carrying out the duties and functions of their office as members of that House.Privileges and immunitiesThe duties and functions of the Commissioner under subsection (1) are carried out within the institution of the House of Commons. The Commissioner enjoys the privileges and immunities of the House of Commons and its members when carrying out those duties and functions.General direction of committeeThe Commissioner shall carry out those duties and functions under the general direction of any committee of the House of Commons that may be designated or established by that House for that purpose.Clarification — ethical principles, etc.For greater certainty, the general direction of the committee referred to in subsection (3) does not include the administration of the Conflict of Interest Act in respect of ministers of the Crown, ministers of state or parliamentary secretaries acting in their capacity as ministers of the Crown, ministers of state or parliamentary secretaries.Clarification — powers, etc., of House of CommonsFor greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the House of Commons or its members.
2006, c. 9, s. 28.
No summonsThe Commissioner, or any person acting on behalf or under the direction of the Commissioner, is not a competent or compellable witness in respect of any matter coming to his or her knowledge as a result of exercising any powers or performing any duties or functions of the Commissioner under this Act.ProtectionNo criminal or civil proceedings lie against the Commissioner, or any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Commissioner under this Act.ClarificationThe protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Commissioner may otherwise enjoy.
2006, c. 9, s. 28.
Functions: public office holdersThe Commissioner shall, in relation to public office holders, perform the duties and functions assigned to the Commissioner under the Conflict of Interest Act.
2006, c. 9, s. 28.
Use of personal informationPersonal information collected by the Commissioner shall not, without the consent of the individual to whom it relates, be used by the Commissioner except for the purpose for which the information was obtained or for a use consistent with that purpose.ClarificationThe purpose for which information referred to in subsection (1) was obtained is determined by the section of this Act under which the Commissioner was acting when he or she obtained the information.
2006, c. 9, s. 28.
DelegationThe Commissioner may authorize any person to exercise or perform, subject to any restrictions or limitations that the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Act or the Conflict of Interest Act except the power to delegate under this section.
2006, c. 9, s. 28.
Annual reportsWithin three months after the end of each fiscal year, the Commissioner shall submita report on his or her activities under section 86 for that year to the Speaker of the House of Commons, who shall table the report in that House; anda report on his or her activities under section 87 for that year to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides.ConfidentialityThe Commissioner may not include in the annual reports any information that he or she is required to keep confidential, including confidences of the Queen’s Privy Council for Canada.
2006, c. 9, s. 28.
(Sections 13 and 50)FORM 1The evidence you shall give on this examination shall be the truth, the whole truth and nothing but the truth. So help you God.FORM 2I, . . . . . . . . . . . . ., do solemnly, sincerely and truly affirm and declare the taking of any oath is according to my religious belief unlawful, and I do also solemnly, sincerely and truly affirm and declare, etc.FORM 3I, . . . . . . . . . . . . ., do solemnly swear (affirm) that I will faithfully, truly and to the best of my judgment, skill and ability execute and perform the duties required of me as a member of the Board of Internal Economy of the House of Commons. (In the case where an oath is taken, add “So help me God”).I further solemnly swear (affirm) that I will not communicate or allow to be communicated to any person without due authority in that behalf any information relating to matters of employment and staff relations, tenders, security and investigations in relation to a member of the House of Commons, nor will I allow any such person to inspect or have access to any books or documents belonging to or in the possession of the Board and relating to the business of the Board. (In the case where an oath is taken, add “So help me God”).
R.S., 1985, c. P-1, Sch.;
1991, c. 20, s. 3.
RELATED PROVISIONS
— 2001, c. 20, s. 30Amendments apply to members who make an election and to future membersThe provisions of the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act, as amended by this Act, applyto any member of the Senate or the House of Commons who files an election in writing with the Clerk of that House, within 90 days after the day on which this section comes into force, to have them apply to the member; andto any person who becomes a member of the Senate or the House of Commons after the day on which this section comes into force.[Note: Section 30 in force 15 June, 2001, see SI/2001-82.]Failure to electThe provisions amended or repealed by this Act, other than paragraph 80(1)(a) of the Parliament of Canada Act as enacted by section 13, apply to any member who fails to make an election under paragraph (1)(a) as they read immediately before the day on which this section comes into force.[Note: Section 30 in force 15 June, 2001, see SI/2001-82.]Deemed electionA member who dies before making an election under paragraph (1)(a) is deemed to have elected immediately before the member's death to have the provisions referred to in subsection (1) apply to the member.Election irrevocableAn election under paragraph (1)(a) is irrevocable.
— 2004, c. 16, s. 24.1Retroactive coming into forceDespite Order in Council P.C. 2003-1118 of July 24, 2003 and registered as SI/2003-142, paragraphs 60(g) and (h) of the Parliament of Canada Act, as enacted by subsection 10(2) of An Act to amend the Members of Parliament Retiring Allowances Act and the Parliament of Canada Act, being chapter 16 of the Statutes of Canada, 2003, are deemed to have come into force on January 1, 2001.
— 2006, c. 9, s. 3PositionsAn employee who occupies a position in the office of the Ethics Commissioner immediately before the day on which section 81 of the Parliament of Canada Act, as enacted by section 28 of this Act, comes into force continues in that position, except that from that day the employee occupies that position in the office of the Conflict of Interest and Ethics Commissioner.Transfer of appropriationAny amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the office of the Ethics Commissioner that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the office of the Conflict of Interest and Ethics Commissioner.ReferencesEvery reference to the Ethics Commissioner in any deed, contract, agreement, instrument or other document executed by that person is to be read as a reference to the Conflict of Interest and Ethics Commissioner, unless the context otherwise requires.Continuation of proccedingsAny action, suit or other legal or administrative proceeding to which the Ethics Commissioner is a party that is pending on the coming into force of this section may be continued by or against the Conflict of Interest and Ethics Commissioner in a similar manner and to the same extent as it would have been continued by or against the Ethics Commissioner.Transfer of dataAll information that, on the day on which this section comes into force, is in the possession or control of the Ethics Commissioner relating to the exercise of his or her powers, duties and functions under the Parliament of Canada Act is, as of that day, under the control of the Conflict of Interest and Ethics Commissioner.Jurisdiction of the CommissionerThe Conflict of Interest and Ethics Commissioner has, with respect to persons subject to and obligations established by The Conflict of Interest and Post-Employment Code for Public Office Holders, as issued from time to time, the same powers, duties and functions that the Ethics Counsellor or Ethics Commissioner had in relation to those persons and obligations. In addition, the Conflict of Interest and Ethics Commissioner has all the powers, duties and functions of the Commissioner under the Conflict of Interest Act in relation to those persons and obligations.ExceptionSubsection (6) does not apply to any person or obligation in respect of which the Ethics Counsellor or Ethics Commissioner had reached a final decision.Request from parliamentarianA member of the Senate or House of Commons may, with respect to persons subject to and obligations established by The Conflict of Interest and Post-Employment Code for Public Office Holders, as issued from time to time, make a request to the Conflict of Interest and Ethics Commissioner in accordance with section 44 of the Conflict of Interest Act.