Parliament of Canada Act

Contents

1Short title#

This Act may be cited as the Parliament of Canada Act.

Part I · Senate and House of Commons

2Demise of the Crown#

Parliament 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.^note

3Prerogative saved#

Nothing in section 2 alters or abridges the power of the Crown to prorogue or dissolve Parliament.^note

Privileges, Immunities and Powers

Definition

4Parliamentary privileges, immunities and powers#

The Senate and the House of Commons, respectively, and the members thereof hold, enjoy and exercise

(a)such 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; and

(b)such 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.

^note

5Judicial notice#

The 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.^note

6Printed copy of journals#

On 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.^note

Publication of Proceedings

7Proceedings based on published report#

(1)Where 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 certificate

(a)given under the hand of the Speaker or the Clerk of the Senate or the House of Commons, and

(b)stating 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.

(2)The 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.

(3)On 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.

^note

8Proof of correctness of copy#

(1)Where 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.

(2)On 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.

^note

9Proof in action for printing extract or abstract#

In 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.^note

Examination of Witnesses

10Examination of witnesses under oath#

(1)The Senate or the House of Commons may administer an oath to any witness examined at the bar of the Senate or the House.

(2)The Senate or the House of Commons may order witnesses to be examined on oath before any committee.

(3)Any committee of the Senate or the House of Commons may administer an oath to any witness examined before the committee.

^note

11Affirmation#

(1)Where any witness to be examined under this Part conscientiously objects to take an oath, the witness may make a solemn affirmation and declaration.

(2)Any 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.

^note

12Perjury#

Any person examined under this Part who wilfully gives false evidence is liable to such punishment as may be imposed for perjury.^note

13Administering of oaths and affirmations#

(1)Any oath or solemn affirmation and declaration under this Part may be administered by

(a)the Speaker of the Senate or the House of Commons;

(b)the chairman of any committee of the Senate or the House of Commons; or

(c)such 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.

(2)Every oath and solemn affirmation and declaration under this Part shall be in the Forms 1 and 2 in the schedule.

^note

Part II · Senate

Conflict of Interest

14 #

[Repealed, 2004, c. 7, s. 1] (repealed)

15 #

[Repealed, 2004, c. 7, s. 1] (repealed)

16Receiving prohibited compensation#

(1)No 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,

(a)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; or

(b)for the purpose of influencing or attempting to influence any member of either House.

(2)Every 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.

(3)Every 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.

^note

Deputy Speaker

17Speaker leaving the chair#

Whenever 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.^note

18Unavoidable absence#

Whenever 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.^note

19Validity of acts#

Every 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.^note

Internal Administration

19.1Committee#

(1)In 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.

(2)During 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.

(3)The Leader of the Government in the Senate or Government Representative in the Senate, or his or her nominee, the Leader of the Opposition in the Senate, or his or her nominee, and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate, or his or her nominee, 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.

(4)In exercising its functions and powers under this Act, the Committee is subject to the rules, direction and control of the Senate.

(5)Where 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.

(6)The 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.

^note

19.2Capacity of Committee#

(1)In 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 may

(a)enter into contracts, memoranda of understanding or other arrangements in the name of the Senate or in the name of the Committee; and

(b)do all such things as are necessary or incidental to the exercising of its powers or the carrying out of its functions.

(2)Where 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.

^note

19.3Function of Committee inter alia#

Subject to subsection 19.1(4), the Committee may act on all financial and administrative matters respecting

(a)the Senate, its premises, its services and its staff; and

(b)the members of the Senate.

^note

19.4Main Estimate to be prepared#

Prior 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.^note

Regulations

19.5Regulations#

(1)The Committee may make regulations

(a)governing the use by senators of funds, goods, services and premises made available to them for the carrying out of their parliamentary functions;

(b)prescribing the terms and conditions of the management of, and accounting for, by senators, of funds referred to in paragraph (a); and

(c)respecting all such things as are necessary or incidental to the exercise of its powers and the carrying out of its functions.

(2)The 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.

(3)When 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.

(4)Subject to subsection (5), regulations made under this section come into force on such day as may be fixed by resolution of the Senate.

(5)Regulations 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.

(6)Regulations made under this section shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

^note

Opinions

19.6Exclusive authority#

(1)The 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).

(2)Any 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).

^note

19.7Opinion during investigation#

(1)During 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.

(2)Where 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.

(3)For the purposes of this section, process means

(a)an authorization to intercept a private communication under section 185,

(b)an order for a special warrant under section 462.32 or 462.321,

(c)an order for a search warrant under section 487,

(d)a restraint order under section 462.33,

(e)the laying of an information under section 504 or 505,

(f)a summons or an arrest warrant under section 507, or

(g)the confirmation of an appearance notice or undertaking under section 508

of the Criminal Code.

(4)The 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.

^note

19.8General opinions#

In 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).^note

19.9Comments may be included#

(1)The Committee may include in its opinions any comments that the Committee considers relevant.

(2)Subject to subsection (3), the Committee may publish, in whole or in part, its opinions for the guidance of senators.

(3)Subject 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.

(4)For 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.

^note

Financial Administration

20Expenditure for service of Senate#

(1)Credits 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.

(2)Credits 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.

(3)The Clerk of the Senate shall, by an order signed by the Clerk, apply for such credits as the Clerk deems necessary.

^note

Senate Ethics Officer

20.1Appointment#

The Governor in Council shall, by commission under the Great Seal, appoint a Senate Ethics Officer after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and after approval of the appointment by resolution of the Senate.^note

20.2Tenure#

(1)The 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.

(2)In 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.

^note

20.3Remuneration#

(1)The Senate Ethics Officer shall be paid the remuneration set by the Governor in Council.

(2)The 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.

(3)In 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.

(4)In 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.

^note

20.4Deputy head#

(1)The 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.

(2)The 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.

(3)The 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.

(4)The 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.

(5)The salaries of the officers and employees of the office of the Senate Ethics Officer shall be fixed according to the scale provided by law.

(6)The 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.

(7)Prior 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.

(8)The 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.

^note

20.5Duties and functions#

(1)The 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.

(2)The 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.

(3)The 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.

(4)For 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.

(5)For 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.

^note

20.6No summons#

(1)The 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.

(2)No 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.

(3)The protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Senate Ethics Officer may otherwise enjoy.

^note

20.7Annual report#

(1)The 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.

(2)The Senate Ethics Officer may not include in the annual report any information that he or she is required to keep confidential.

^note

Part III · House of Commons

Division A — Eligibility, Resignation and Vacancies

Simultaneous Candidacies

21Nomination for one electoral district only#

No 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.^note

Members of Provincial Legislature

22Ineligibility of member of provincial legislature#

(1)No 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.

(2)If 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.

^note

23Member elected to provincial legislature#

(1)If 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.

(2)A 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.

^note

24Penalty for person ineligible sitting or voting#

(1)Any 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.

(2)A 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.

^note

Resignation of Members

25Resignation in House or by declaration to Speaker#

(1)Any person holding a seat in the House of Commons may resign the seat

(a)by 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; or

(b)by 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.

(2)An entry of the declaration delivered under paragraph (1)(b) shall be thereafter made in the journals of the House of Commons.

^note

26Proceedings where Speaker absent#

(1)If 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.

(2)On 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.

^note

27Effect of resignation#

(1)Any 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.

(2)A 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.

^note

Vacancies

28Vacancy in House of Commons#

(1)If 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.

(2)If, 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.

^note

29Vacancy before Parliament meets after a general election#

(1)A 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.

(1.1)A 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.

(1.2)An election held in the circumstances set out in subsection (1.1) is deemed to be a by-election.

(2)A writ may be issued

(a)in the case of a writ referred to in subsection (1), at any time after the death or acceptance of office by a member; and

(b)in 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.

^note

30Effect of election#

(1)The 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.

(2) and (3)[Repealed, 2000, c. 9, s. 563] (repealed)

^note

31Issuance of election writ#

(1)Where 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.

(1.1)Despite subsection (1), no writ for the election of a member of the House shall be issued if the vacancy occurs in the House of Commons less than nine months before the date fixed under subsection 56.1(2) of the Canada Elections Act for the holding of a general election.

(2)This 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.

(3)If 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.

^note

Division B — Conflict of Interest

32Ineligibility#

(1)Except as specially provided in this Division,

(a)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, and

(b)no 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.

(2)Nothing 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.

^note

33Persons exempt from ineligibility#

(1)Nothing 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 person

(a)is a member of Her Majesty’s forces who is on active service as a consequence of war;

(b)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; or

(c)accepts 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.

(2)Nothing 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 member

(a)holds an office for which a salary is provided in section 4.1 of the Salaries Act and receives that salary, or

(b)is 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.

(3)Notwithstanding 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.

(3.1)Despite 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 in that House, by reason only that the person is a member of the National Security and Intelligence Committee of Parliamentarians.

(4)Notwithstanding 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.

^note

34 #

[Repealed, 2004, c. 7, s. 3] (repealed)

35Disqualification#

If 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.^note

36 #

[Repealed, 2004, c. 7, s. 3] (repealed)

37 #

[Repealed, 2004, c. 7, s. 3] (repealed)

38 #

[Repealed, 2004, c. 7, s. 3] (repealed)

39 #

[Repealed, 2004, c. 7, s. 3] (repealed)

40 #

[Repealed, 2004, c. 7, s. 3] (repealed)

41Receiving prohibited compensation#

(1)No 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,

(a)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; or

(b)for the purpose of influencing or attempting to influence any member of either House.

(2)Every 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.

(3)Every 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.

^note

41.1Prohibition — accepting benefits from trusts relating to position#

(1)No 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.

(2)No 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).

(3)Every 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.

^note

41.2Obligation to disclose trusts#

(1)Every 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.

(2)The 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.

(3)Section 126 of the Criminal Code does not apply in respect of a contravention of subsection (1).

^note

41.3Commissioner’s orders#

(1)If 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 shall

(a)if 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; or

(b)if 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.

(2)If 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.

(3)Subsections (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.

(4)No 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.

(5)If 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.

(6)Every 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.

(7)Persons 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.

(8)For 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.

^note

41.4Notification of Committee#

(1)Any 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.

(2)The Committee may issue its opinion with respect to the notification within 30 sitting days of the House of Commons after being notified.

^note

41.5Order to be provided to Committee#

(1)The 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.

(2)The 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.

^note

Division C — Speaker, Parliamentary Secretaries, Clerk and Other Personnel

Deputy Speaker

42Speaker leaving the chair#

Whenever 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.^note

43Unavoidable absence#

(1)Whenever 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.

(2)Notwithstanding 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.

^note

44Validity of acts#

(1)If, 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.

(2)Every 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.

^note

45 #

[Repealed, R.S., 1985, c. 42 (1st Supp.), s. 1] (repealed)

Parliamentary Secretaries

46Appointment#

(1)The Governor in Council may appoint one or more members of the House of Commons to be Parliamentary Secretary or Secretaries to a minister.

(2)The number of Parliamentary Secretaries that are appointed is not to exceed the number of ministers for whom salaries are provided in section 4.1 of the Salaries Act.

(3)A 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.

^note

47Duties#

The Parliamentary Secretary or Secretaries to a minister shall assist the minister in such manner as the minister directs.^note

Clerk and Other Personnel

48 #

[Repealed, R.S., 1985, c. 1 (4th Supp.), s. 30] (repealed)

49Oath of allegiance#

(1)The 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.

(2)The Clerk of the House of Commons shall keep a register of all oaths taken and subscribed under subsection (1).

^note

Division C.1 — Caucuses

49.1Definition of caucus#

In this Division, caucus means a group composed solely of members of the House of Commons who are members of the same recognized party.^note

49.2Expulsion of caucus member#

A member of a caucus may only be expelled from it if

(a)the caucus chair has received a written notice signed by at least 20% of the members of the caucus requesting that the member’s membership be reviewed; and

(b)the expulsion of the member is approved by secret ballot by a majority of all caucus members.

^note

49.3Readmission of member#

A member of the House of Commons who has been expelled from the caucus of a party may only be readmitted to the caucus

(a)if the member is re-elected to the House of Commons as a candidate for that party; or

(b)if

(i)the caucus chair has received a written notice signed by at least 20% of the members of the caucus requesting the member’s readmission to the caucus, and

(ii)the readmission of the member is approved by a majority vote by secret ballot of the members of that caucus who are present at a meeting of the caucus.

^note

49.4Election of chair#

(1)After every general election or following the death, incapacity, resignation or removal of the chair of a caucus in accordance with subsection (2), a chair shall be elected by a majority vote by secret ballot of the members of that caucus who are present at a meeting of the caucus.

(2)The chair of the caucus of a party may only be removed if

(a)the chair has received a written notice signed by at least 20% of the caucus members requesting that the occupancy of the chair be reviewed; and

(b)the removal of the chair is approved by secret ballot by a majority of all caucus members.

(3)Any vote that is taken under subsection (1) or (2) shall be presided over by the caucus member with the longest period of unbroken service in the House of Commons as determined by reference to the Canada Gazette.

^note

49.5Definition of leadership review#

(1)In this section, leadership review means a process to endorse or replace the leader of a party.

(2)If a written notice to call a leadership review signed by at least 20% of the members of a party’s caucus is submitted to the chair of the caucus, the chair shall order that a secret ballot vote be taken among the members of the caucus to conduct a leadership review.

(3)The chair of the caucus shall make public the content of the written notice immediately upon receipt.

(4)If a majority of the caucus members vote to replace the leader of the party, the chair of the caucus shall immediately order that a second vote be taken by secret ballot to appoint a person to serve as the interim leader of the party until a new leader has been duly elected by the party.

^note

49.6Replacement of leader#

In the case of the death, incapacity or resignation of the leader of a party, an interim leader shall be elected as soon as possible and in accordance with subsection 49.5(4).^note

49.7Bar against judicial review#

Any determination of a matter relating to the internal operations of a party by the caucus, a committee of the caucus or the caucus chair is final and not subject to judicial review.^note

49.8Vote#

(1)At its first meeting following a general election, the caucus of every party that has a recognized membership of 12 or more persons in the House of Commons shall conduct a separate vote among the caucus members in respect of each of the following questions:

(a)whether sections 49.2 and 49.3 are to apply in respect of the caucus;

(b)whether section 49.4 is to apply in respect of the caucus;

(c)whether subsections 49.5(1) to (3) are to apply in respect of the caucus; and

(d)whether subsection 49.5(4) and section 49.6 are to apply in respect of the caucus.

(2)Each vote, and any debate relating to the vote that may precede it, are to be presided over by the caucus member with the longest period of unbroken service in the House of Commons as determined by reference to the Canada Gazette.

(3)The vote of each caucus member, in each vote, is to be recorded.

(4)The provisions referred to in each of paragraphs (1)(a) to (d) apply only if a majority of all caucus members vote in favour of their applicability.

(5)As soon as feasible after the conduct of the votes, the chair of the caucus shall inform the Speaker of the House of Commons of the outcome of each vote.

(6)The outcome of each vote is binding on the caucus until the next dissolution of Parliament.

^note

Division D — Board of Internal Economy

Establishment and Organization

50Board established#

(1)There 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.

(2)The 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:

(a)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; and

(b)if 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,

(i)the caucus of each of those parties in opposition may appoint one member of the Board, and

(ii)the 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).

(3)[Repealed, 1997, c. 32, s. 1] (repealed)

(4)The 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.

(5)Every 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.

(6)For greater certainty, nothing in the oath or affirmation referred to in subsection (5) shall be construed as preventing the communication of any information or documents discussed in, or prepared for, a meeting of the Board that was open to the public.

^note

51Clerk is Secretary#

The Clerk of the House of Commons is the Secretary to the Board.^note

51.1Public meetings#

Meetings of the Board shall be open to the public; however, a meeting or portion of a meeting shall be held in camera if

(a)the matters being discussed relate to security, employment, staff relations or tenders;

(b)the circumstances prescribed by a by-law made under paragraph 52.5(1)(a.1) exist; or

(c)all of the members of the Board who are present at the meeting agree that it be held in camera.

^note

52Quorum#

(1)Five members of the Board, of whom one shall be the Speaker, constitute a quorum.

(2)In 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.

^note

52.1Emergencies#

(1)Where the Speaker deems that there is an emergency, the Speaker may exercise any power of the Board.

(2)The Speaker shall report to the Board any decision made under subsection (1) at the meeting of the Board immediately following the decision.

^note

Functions of Board

52.2Capacity#

(1)In 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 may

(a)enter into contracts, memoranda of understanding or other arrangements in the name of the House of Commons or in the name of the Board; and

(b)do all such things as are necessary or incidental to the exercising of its powers or the carrying out of its functions.

(2)For greater certainty, the proceedings of the Board are proceedings in Parliament.

^note

52.3Function of Board#

The Board shall act on all financial and administrative matters respecting

(a)the House of Commons, its premises, its services and its staff; and

(b)the members of the House of Commons.

^note

52.4Estimate to be prepared#

(1)Prior 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.

(2)The 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.

^note

By-laws

52.5By-laws#

(1)The Board may make by-laws

(a)respecting the calling of meetings of the Board and the conduct of business at those meetings;

(a.1)prescribing the circumstances in which a meeting of the Board shall be held in camera;

(b)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;

(c)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; and

(d)respecting all such things as are necessary or incidental to the exercise of its powers and the carrying out of its functions.

(1.1)The Board may make a by-law under paragraph (1)(a.1) only on the unanimous vote of the members of the Board who are present at the meeting at which the vote is held.

(2)The 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.

(3)When 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.

(4)By-laws made under this section shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

^note

Opinions

52.6Exclusive authority#

(1)The 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).

(2)Any 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).

^note

52.7Opinion during investigation#

(1)During 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.

(3)For the purposes of this section, process means

(a)an authorization to intercept a private communication under section 185,

(b)an order for a special warrant under section 462.32 or 462.321,

(c)an order for a search warrant under section 487,

(d)a restraint order under section 462.33,

(e)the laying of an information under section 504 or 505,

(f)a summons or an arrest warrant under section 507, or

(g)the confirmation of an appearance notice or undertaking under section 508.

of the Criminal Code.

(4)The 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.

^note

52.8General opinions#

In 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).^note

52.9Comments may be included#

(1)The Board may include in its opinions any comments that the Board considers relevant.

(2)Subject to subsection (3), the Board may publish, in whole or in part, its opinions for the guidance of members of the House of Commons.

(3)Subject 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.

(4)For 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.

^note

53In case of dissolution#

On 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.^note

53.1 #

[Repealed, 1991, c. 20, s. 2] (repealed)

54Expenditure#

All 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.^note

Part IV · Remuneration of Members of Parliament

Remuneration Reference Amount

54.1Reference amount#

(1)Commencing 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.

(2)Adjustments to the remuneration reference amount shall be made retroactively to take into account any retroactive changes in the annual salary of the Chief Justice.

^note

Sessional Allowances Before April 1, 2004

55Amount#

(1)There 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.

(2)For 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.

(3)Subject 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 multiplying

(a)the 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 determinedby

(b)one per cent less than the lesser of

(i)the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year, and

(ii)the percentage that the Consumer Price Index for the first adjustment year is of the Consumer Price Index for the second adjustment year.

(4)For the purposes of subsection (3),

(a)in relation to any twelve month period in respect of which the sessional allowance is to be determined,

(i)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, and

(ii)the second adjustment year is the twelve month period immediately preceding the first adjustment year; and

(b)the 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.

(c)[Repealed, 2001, c. 20, s. 2] (repealed)

(5)Subject 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 of

(a)the rate per annum that would, but for this subsection, be determined under subsection (3), and

(b)the rate per annum that is obtained by multiplying

(i)the 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 dateby

(ii)one hundred and five per cent.

(6)For 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).

(7)Notwithstanding 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).

(8)For the purposes of calculating

(a)a sessional allowance under subsection (3) for any period commencing after December 31, 1986, and

(b)contributions 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).

(9)Notwithstanding subsection (3), there shall be paid to every member of the Senate and House of Commons

(a)for 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; and

(b)for 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).

(10)Despite 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.

(11)For 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).

(12)Notwithstanding anything in this section, the annual sessional allowance that shall be paid, commencing on January 1, 2001,

(a)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; and

(b)to members of the House of Commons is equal to 50 per cent of the remuneration reference amount referred to in section 54.1.

^note

Sessional Allowances From April 1, 2004

55.1Members of Parliament — fiscal year 2004-2005#

(1)Despite section 55, the annual sessional allowance that shall be paid for the fiscal year commencing on April 1, 2004 to

(a)members of the Senate is $116,200; and

(b)members of the House of Commons is $141,200.

(2)Despite section 55, the annual sessional allowance that shall be paid for each fiscal year subsequent to March 31, 2005 to

(a)members of the Senate is the sessional allowance calculated in accordance with paragraph (b) minus $25,000; and

(b)members 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.

^note

56How allowance paid#

The sessional allowances payable under section 55.1 shall be paid in monthly instalments on the last day of each month.^note

General Provisions Regarding Sessional Allowances

57Deductions for non-attendance#

(1)A 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.

(2)For 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.

(3)Each day during a session on which

(a)a member of either House of Parliament did not attend a sitting thereof by reason of public or official business,

(b)there has been no sitting of the House in consequence of its having adjourned over that day, or

(c)the member is unable to attend by reason of being ill,

shall be reckoned as a day of attendance of the member at that session.

(4)Where 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.

^note

58Service in armed forces not computed#

In 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 member

(a)on 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, or

(b)in 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.^note

59Stricter provisions by regulation of either House#

The 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.^note

59.1Regulations — maternity and parental arrangements#

The Senate or the House of Commons may make regulations, by rule or by order, respecting the provisions of this Act — or of regulations made under section 59 — that relate to the attendance of members, or to the deductions to be made from sessional allowances, in respect of its own members who are unable to attend a sitting of that House by reason of

(a)being pregnant; or

(b)caring for a new-born or newly-adopted child of the member or for a child placed with the member for the purpose of adoption.

^note

Salaries and Additional Allowances of Members Before April 1, 2004

60Presiding officers#

There 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:

(a)the Speaker of the Senate, 17.6 per cent;

(b)any member of the Senate occupying the recognized position of Speaker pro tempore of the Senate, 7.3 per cent;

(c)the Speaker of the House of Commons, 24 per cent;

(d)the Deputy Speaker of the House of Commons, 12.5 per cent;

(e)the Deputy Chair of the Committee of the Whole House of Commons, 5.1 per cent;

(f)the Assistant Deputy Chair of the Committee of the Whole House of Commons, 5.1 per cent;

(g)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%; and

(h)any 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%.

^note

61Parliamentary Secretaries#

Commencing 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.^note

62Additional allowances#

Commencing 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:

(a)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;

(b)the member of the Senate occupying the position of Leader of the Opposition in the Senate, 11.5 per cent;

(c)the member of the Senate occupying the position of Deputy Leader of the Government in the Senate, 11.5 per cent;

(d)the member of the Senate occupying the position of Deputy Leader of the Opposition in the Senate, 7.3 per cent;

(e)the member of the Senate occupying the position of Government Whip in the Senate, 3.6 per cent;

(f)the member of the Senate occupying the position of Opposition Whip in the Senate, 2.2 per cent;

(g)the member occupying the position of Leader of the Opposition in the House of Commons, 24 per cent;

(h)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;

(i)each of the members occupying the positions of Chief Government Whip and Chief Opposition Whip in the House of Commons, 9.1 per cent;

(j)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;

(k)the member occupying the position of Opposition House Leader in the House of Commons, 12.5 per cent; and

(l)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, 5.1 per cent.

^note

Salaries and Additional Allowances of Members From April 1, 2004

62.1Presiding officers — fiscal year 2004-2005#

(1)Despite 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:

(a)the Speaker of the Senate, $49,600;

(b)the member of the Senate occupying the recognized position of Speaker pro tempore of the Senate, $20,600;

(c)the Speaker of the House of Commons, $67,800;

(d)the Deputy Speaker of the House of Commons, $35,300;

(e)the Deputy Chair of the Committee of the Whole House of Commons, $14,300;

(f)the Assistant Deputy Chair of the Committee of the Whole House of Commons, $14,300;

(g)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; and

(h)the 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.

(2)Despite 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.

^note

62.2Parliamentary Secretaries — fiscal year 2004-2005#

(1)Despite section 61, for the fiscal year commencing on April 1, 2004 a Parliamentary Secretary shall be paid an annual salary of $14,300.

(2)Despite 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.

^note

62.3Other members of Parliament — fiscal year 2004-2005#

(1)Despite 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:

(a)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;

(b)the member of the Senate occupying the position of Leader of the Opposition in the Senate, $32,400;

(c)the member of the Senate occupying the position of Deputy Leader of the Government in the Senate, $32,400;

(d)the member of the Senate occupying the position of Deputy Leader of the Opposition in the Senate, $20,600;

(e)the member of the Senate occupying the position of Government Whip in the Senate, $10,100;

(f)the member of the Senate occupying the position of Opposition Whip in the Senate, $6,100;

(f.1)the member of the Senate occupying the position of Deputy Government Whip in the Senate, $5,200;

(f.2)the member of the Senate occupying the position of Deputy Opposition Whip in the Senate, $3,100;

(f.3)the member of the Senate occupying the position of Chair of the Caucus of the Government in the Senate, $6,100;

(f.4)the member of the Senate occupying the position of Chair of the Caucus of the Opposition in the Senate, $5,200;

(g)the member occupying the position of Leader of the Opposition in the House of Commons, $67,800;

(i)each of the members occupying the positions of Chief Government Whip and Chief Opposition Whip in the House of Commons, $25,600;

(j.1)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;

(k)the member occupying the position of Opposition House Leader in the House of Commons, $35,300;

(k.1)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;

(k.2)the member occupying the position of Deputy House Leader of the Opposition in the House of Commons, $14,300;

(l)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;

(m)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;

(n)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; and

(o)the 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.

(2)Despite 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.

(3)For the fiscal year commencing on April 1, 2016, there shall be paid to the following members of the Senate or the House of Commons the following additional annual allowances :

(a)the member of the Senate or the House of Commons who is the Chair of the National Security and Intelligence Committee of Parliamentarians, $42,200; and

(b)each member of the Senate or the House of Commons who is a member of that Committee, other than the Chair, $11,900.

(4)The additional annual allowance that shall be paid for each fiscal year subsequent to the fiscal year referred to in subsection (3) to a member of the Senate or the House of Commons referred to in that subsection 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.

^note

Additional Annual Allowances of Senators Beginning on July 1, 2022

62.4Additional annual allowances — senators#

(1)Despite section 62.3, beginning on July 1, 2022 there shall be paid to the following senators the following additional annual allowances:

(a)the senator occupying the position of Leader of the Government in the Senate or Government Representative in the Senate, unless he or she is in receipt of a salary under the Salaries Act, $90,500;

(b)the senator occupying the position of Leader of the Opposition in the Senate, $42,800;

(c)the senator occupying the position of Leader or Facilitator of the recognized party or parliamentary group in the Senate that consists of the greatest number of senators, other than the recognized party or parliamentary group to which a senator referred to in paragraph (a) or (b) belongs, $42,800;

(d)the senator occupying the position of Leader or Facilitator of the recognized party or parliamentary group in the Senate that consists of the second greatest number of senators, other than the recognized party or parliamentary group to which a senator referred to in paragraph (a) or (b) belongs, $21,300;

(e)the senator occupying the position of Leader or Facilitator of the recognized party or parliamentary group in the Senate that consists of the third greatest number of senators, other than the recognized party or parliamentary group to which a senator referred to in paragraph (a) or (b) belongs, $21,300;

(f)the senator occupying the position of Deputy Leader of the Government in the Senate or Legislative Deputy to the Government Representative in the Senate, $42,800;

(g)the senator occupying the position of Deputy Leader of the Opposition in the Senate, $27,000;

(h)the senator occupying the position of Deputy Leader or Deputy Facilitator to the senator referred to in paragraph (c), $27,000;

(i)the senator occupying the position of Deputy Leader or Deputy Facilitator to the senator referred to in paragraph (d), $13,400;

(j)the senator occupying the position of Deputy Leader or Deputy Facilitator to the senator referred to in paragraph (e), $13,400;

(k)the senator occupying the position of Government Whip in the Senate or Government Liaison in the Senate, $12,900;

(l)the senator occupying the position of Opposition Whip in the Senate, $7,400;

(m)the senator occupying the position of Whip or Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (c), $7,400;

(n)the senator occupying the position of Whip or Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (d), $3,700;

(o)the senator occupying the position of Whip or Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (e), $3,700;

(p)the senator occupying the position of Chair of the Caucus of the Government in the Senate, $7,400;

(q)the senator occupying the position of Chair of the Caucus of the Opposition in the Senate, $6,400;

(r)the senator occupying the position of Deputy Whip or Deputy Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (c), $3,200;

(s)the senator occupying the position of Deputy Whip or Deputy Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (d), $1,500;

(t)the senator occupying the position of Deputy Whip or Deputy Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (e), $1,500;

(u)the senator occupying the position of Deputy Government Whip in the Senate or Deputy Government Liaison in the Senate, $6,400; and

(v)the senator occupying the position of Deputy Opposition Whip in the Senate, $3,200.

(2)Despite section 62.3, the additional annual allowance that shall be paid for each fiscal year after March 31, 2023 to a senator 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.

^note

Expenses

63Moving, transportation, travel and telecommunication expenses#

(1)For 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.

(2)In addition to the expenses payable pursuant to subsection (1), there shall be paid annually

(a)to each minister of the Crown, a motor vehicle allowance of two thousand dollars;

(b)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; and

(c)to each of the Speakers of the Senate and the House of Commons, a motor vehicle allowance of one thousand dollars.

(3) and (4)[Repealed, 2001, c. 20, s. 5] (repealed)

^note

64 #

[Repealed, 2001, c. 20, s. 6] (repealed)

65Statement of attendance#

(1)For 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.

(2)Every 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).

^note

66Regulations respecting Parliamentary Secretary’s expenses#

The Governor in Council may make regulations providing for the payment to a Parliamentary Secretary of reasonable travel and other expenses

(a)incurred by, and in the discharge of the duties of, the Parliamentary Secretary during a session of Parliament while away from Ottawa; or

(b)incurred 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.

^note

66.1 #

[Repealed, 2001, c. 20, s. 8] (repealed)

Adjustment of Salaries and Allowances

67Rounding of amounts#

The salaries and allowances payable to members of the Senate and the House of Commons under sections 55.1 and 62.1 to 62.4 of this Act and section 4.1 of the Salaries Act shall be rounded down to the nearest hundred dollars.^note

67.1Index#

The index referred to in paragraph 55.1(2)(b) and subsections 62.1(2), 62.2(2), 62.3(2) and (4) and 62.4(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 Employment and Social Development within three months after the end of that calendar year.^note

68 #

[Repealed, 2001, c. 20, s. 9] (repealed)

Allowances after Dissolution

69Payment after dissolution#

For 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.^note

Severance Allowance

70Where member not re-elected#

(1)Subject 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).

(2)Subject 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).

(2.1)A 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.

(3)Notice 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.

(4)Subject 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 of

(a)the sessional allowance under section 55.1, and

(b)any salary or allowance under section 62.1, 62.2 or 62.3 of this Act or section 4.1 of the Salaries Act

to which the person was entitled immediately before ceasing to be a member of Parliament.

(4.1)Subject 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.

(5)The 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 is

(a)the severance allowance that would otherwise be payable under subsection (4)

(b)the amount determined by the formula

reduced by

(6)Subject 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 to

(a)in 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; and

(b)in 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.

(7)[Repealed, 2000, c. 27, s. 1] (repealed)

(8)A 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.

(9)Payment 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.

(10)For 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.

^note

71Restriction#

A 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).^note

Disability Allowance

71.1Entitlement#

(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 sections 55.1 and 62.1 to 62.4 of this Act and section 4.1 of the Salaries Act, on the date 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.

(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.

(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.

(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.

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

^note

Group Insurance Plans

71.2Eligibility if person not in receipt of allowance#

(1)If 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.

(2)Subsection (1) ceases to apply if the person

(a)reaches 55 years of age;

(b)becomes entitled to receive a disability pension under the Canada Pension Plan or a provincial pension plan similar to it; or

(c)becomes a member of the Senate or the House of Commons.

(3)A 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.

^note

Financial Provisions

72Payments out of C.R.F.#

(1)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.

(2)The salary of a Parliamentary Secretary under this Act shall be paid out of the Consolidated Revenue Fund.

(3)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.

^note