Parliament of Canada Act

Marginal note:Entitlement

• 71.1 (1) A 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 subsection 55(12) and sections 60 to 62 of this Act and section 4 of the Salaries Act on the day of resignation if, at the time of their resignation, the member

  • (a) is 65 years of age or over; and

  • (b) is incapable, because of the disability, of performing the member’s duties.

• Marginal note:Adjustments

  (2) The disability allowance shall be adjusted to take into account changes in the annual salaries and allowances on which the disability allowance was based.

• Marginal note:Payment

  (3) The disability allowance shall be paid

  • (a) in 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; or

  • (b) in 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.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations respecting disability allowances, including regulations respecting

  • (a) the determination of eligibility for disability allowances and medical examinations that are required;

  • (b) elections to receive disability allowances and the revocation of elections; and

  • (c) the administration and payment of disability allowances.

• Marginal note:Retroactive regulations

  (5) Regulations made under subsection (4) may, if they so provide, be retroactive.