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Fourth
Session, 45th General Assembly 56
Elizabeth II, 2007 |
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AN ACT
RESPECTING THE EFFECTIVE ADMINISTRATION OF THE HOUSE OF ASSEMBLY, THE
STANDARDS OF CONDUCT OF ELECTED MEMBERS, |
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Received and Read the First Time............................................................................ June
13, 2007 |
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Second Reading.......................................................................................................... |
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Committee..............................................................................................
Amendment
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Third Reading.............................................................................................................. |
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Royal Assent...................................................................................................................................... |
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HONOURABLE THOMAS G. RIDEOUT Government House Leader |
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Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTE The purpose of this Bill is set out in the Long Title. |
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A AN ACT RESPECTING THE
EFFECTIVE ADMINISTRATION OF THE HOUSE OF ASSEMBLY, THE STANDARDS OF CONDUCT OF
ELECTED MEMBERS, Analysis 1. Short title 2. Definitions 3. Purpose PART
I 4. Composition of House of Assembly 5. Oath or affirmation of member 6. Speaker term of office 7. House officers 8. Oath of clerk 9. Oath of clerk assistant 10. Inability of clerk to act PART
II 11. Salaries, expenses, severance and pensions 12. Other remuneration 13. Time at duties 14. Commencement and termination dates 15. Adjustments to salaries, expenses and severance 16. Inquiry re: salaries 17. Payment from CRF PART
18. House of Assembly Management Commission 19. Proceedings of the commission 20. Duties and responsibilities of commission 21. Individual duties of commission members 22. Orientation and training 23. Audit committee 24. Advance rulings on allowance use PART
IV 25. House of Assembly service 26. Estimates 27. Payment 28. Clerk 29. Financial administration of allowances and expenses 30. General duties of clerk 31. Clerk to account to Public Accounts Committee 32. Subordinate offices 33. Reporting of proceedings 34. Suspension of employees PART
V 35. Codes of conduct 36. Request for opinion 37. Inquiry 38. Report 39. Penalties 40. Concurrence of House of Assembly 41. Suit for compensation allowed 42. Examination of member 43. Audit 44. Access to books 45. Improper retention of public money 46. Financial Administration Act 47. Public Accounts Committee 48. Application of Acts 49. Further duties of commission 50. Manual 51. Annual report of speaker 52. Review of allowance use 53. Enforcement of Duties PART
VI 54. Interpretation 55. Disclosure of wrongdoing 56. Confidentiality of Identity 57. Referral for investigation 58. Investigation 59. No reprisal 60. Misleading statements and obstruction 61. Offence 62. Legal advice 63. Limitations on civil remedies PART
64. Rules PART
VIII 65. Construing of Act 66. Offence 67. SNL2002 cA-1.1 Amdt. 68. RSNL1990 cH-10 Amdt. 69. RSNL1990 cS-27 Amdt. 70. General Amdt. 71. Repeal 71.1 Transitional 72. Commencement Schedule Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This
Act may be cited as the House of Assembly Accountability, Integrity and
Administration Act. Definitions 2. In this Act (a) "audit"
means an examination of the accounts of public money and other records relating to the House of Assembly, statutory
offices and a member that may be conducted by an auditor under this Act or
another law of the province; (b) "audit committee" means the audit committee established under section 23; (c) "auditor
general" means the auditor general as defined in the Auditor General Act; (d) "caucus" means a group of 2 or more members who belong to the same registered political party; (e) "clerk" means the Clerk of the House of Assembly; (f) "commission", unless the context indicates otherwise, means the House of Assembly Management Commission continued under section 18; (g) "commissioner"
means the Commissioner for Legislative Standards appointed under the House of Assembly Act; (h) "compliance
audit" means an audit referred to in subsection 43(9); (i) "financial
audit" means an audit referred to in subsection 43(5); (j) "fiscal
year" means fiscal year as defined in the Financial Administration Act; (k) "House
of Assembly service" means the House of Assembly Service referred to in section 25; (l) "manual"
means a manual referred to in section 50; (m) "member", unless the context indicates otherwise, means
a member of the House of Assembly; (n) "minister"
means a minister appointed under the Executive
Council Act; (o) "registered
political party" means an organization formed for the purpose of
contesting an election of members to the House of Assembly and which is
registered in the register of political parties under section 278 of the Elections Act, 1991; (p) "rules"
means rules made by the commission under this Act; (q) "speaker" means the Speaker of the House of Assembly; (r) "statutory
office" means the office and administrative staff directly serving the (i) Chief Electoral Officer, (ii) Commissioner for Members' Interests, (iii) Child
and Youth Advocate, (iv) Information and Privacy Commissioner, (v) Citizen's Representative, and (vi) other offices of the House of Assembly, with the exception of the office of
the Auditor General, that may be established under an Act; and (s) "third party" means the second largest party sitting in
the House of Assembly in opposition to the government. Purpose 3. The purpose of this Act is to (a) establish an administrative framework for the House of Assembly that is transparent and accountable; (b) place responsibility with individual members to conduct their public and
private affairs so as to promote public confidence in the integrity of each
member, while maintaining the dignity and independence of the House of Assembly; (c) promote the equitable treatment of each member of the House of Assembly; (d) establish
clear rules with respect to salary, allowances and resources for members and to
provide for mandatory review of them at regular intervals; (e) provide for clear and timely disclosure in relation to operations of the House
of Assembly and statutory offices, including members' salaries, pensions,
allowances, resources and severance payments, that is consistent with the
public interest; (f) create
an environment for members in which full-time devotion to one's duties is
encouraged; and (g) establish standards of conduct for members and for those charged with the
responsibility of administration of operations of the House of Assembly service
and the statutory offices. PART I Composition of House of Assembly 4. The House of Assembly consists of those persons
elected in accordance with the Elections
Act, 1991 as members to
represent the districts set out in section 5 of the House of Assembly Act. Oath or affirmation of member 5. Before being permitted to take his or her place
and vote in the House of Assembly, a member shall take and subscribe before the
Lieutenant-Governor or a person designated by the Lieutenant-Governor an oath
of allegiance in the following form: I, __________, do swear (or affirm) that I will be faithful and bear
true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and
successors according to law, (in the case where the oath is taken, add "So
help me God") and also an oath of
office in the following form: I, __________, do swear (or affirm) that (a) I
am fully qualified to hold the office of Member for the District of __________ to
which I have been elected; (b) I
have not knowingly contravened the Elections
Act, 1991 respecting any matter in relation to my election; (c) I
will faithfully, to the best of my ability, perform the duties and
responsibilities of my office and will not allow any direct or indirect
monetary or other personal or private interest to influence my conduct or affect
my duties in public matters; and (d) I
affirm, ascribe to and agree to follow the Code of Conduct of Members adopted
by the House of Assembly, (in the case where the oath is taken, add "So
help me God"). Speaker term of office 6. For the purpose of this Act, the speaker in
office following the dissolution of the House of Assembly is considered to be
speaker until a new speaker is chosen by the House of Assembly. House officers 7. (1) Upon nomination by the House of Assembly, the
Lieutenant-Governor in Council shall, by Commission under the Great Seal, appoint
the following officers: (a) the Clerk of the House of Assembly; (b) the Clerk Assistant of the House of Assembly; (c) the Law Clerk; and (d) the Sergeant-at-Arms of the House of Assembly. (2) Before
a nomination is made under subsection (1), the speaker shall consult with the
commission, the Clerk of the Executive Council and the chairperson of the
Public Service Commission to determine an appropriate process for recruitment
of suitable candidates for appointment. Oath of clerk 8. (1) The clerk shall, when appointed, take (a) the oath of allegiance provided by the Oaths of Office Act; and (b) the oath of
office as provided in subsection (2) before the speaker. (2) The oath of
office of the clerk shall be as follows: "I, __________,
swear [affirm] that I will well and truly serve Her Majesty the Queen in, and
will diligently, faithfully and impartially discharge the duties of, the office
of Clerk of the House of Assembly and I will make true entries, memoranda and
journals of the things done and passed in the Assembly. I will faithfully manage and supervise the
financial management and administration of the House of Assembly service"
(in the case where an oath is taken add "So help me God"). Oath of clerk assistant 9. (1) The clerk assistant shall, when appointed, take: (a) the oath of allegiance provided by the Oaths of Office Act; and (b) the oath of
office as provided in subsection (2) before the speaker. (2) The
oath of office of the clerk assistant shall be as follows: I, __________, swear
[affirm] that I will diligently, faithfully and impartially discharge the
duties of clerk assistant to the House of Assembly, to the best of my knowledge
and ability (in the case where an oath is taken add "So help me God"). Inability of clerk to act 10. Whenever the clerk is absent or unable to act, or the
office of clerk is vacant, (a) the clerk assistant shall perform the duties of the clerk as
procedural advisor; and (b) the chief financial
officer shall perform the duties of the clerk as accounting officer. PART II Salaries, expenses, severance and pensions 11. (1) A member is entitled, effective (2) A member is
entitled, subject to those conditions and limitations that may be prescribed by
rules of the commission, to be reimbursed or have payment made on his or her
behalf for reasonable and legitimate expenses incurred by the member in
carrying out his or her duties as a member. (3) Upon ceasing to be a member, the member is entitled to (a) a severance allowance, upon the conditions, in amounts and in accordance with the formula that may be determined by a directive of the commission; and (b) a pension
determined in accordance with the Members
of the House of Assembly Retiring Allowances Act. (4) Where
prescribing the types and amounts of expenses to which a member may be entitled
under subsection (2), the commission may, by rules, (a) make distinctions between constituencies with respect to the amounts and manner of entitlement of members, taking into account geographic, social and economic differences; and (b) prescribe a
maximum daily amount for meals or a basic amount per kilometre to be paid to a
member in place of providing for reimbursement of actual expenses for food and
vehicle travel. Other remuneration 12. (1) A member who
also holds one of the following positions shall be paid an additional salary,
effective (a) speaker, $52,497; (b) deputy speaker and chair of committees, $26,246; (c) deputy chair of committees, $13,123; (d) leader of the opposition,
$52,497; (e) opposition house leader, $26,246; (f) deputy opposition
house leader, $17,919 (g) leader of a
recognized third party, $18,367; (h) party whip, $13,123; (i) caucus chairperson,
$13,123; (j) chairperson, public accounts committee, $13,123; and (k) vice chairperson-public
accounts committee, $10,032. (2) The salaries referred
to in subsection (1) shall be payable in 26 equal installments, in arrears. (3) A member who
sits on a committee of the House of Assembly, the commission or a committee of
the commission may be paid, subject to the conditions and limitations prescribed
by the commission, a daily amount of not more than $200 for attendance at
meetings plus reimbursement of reasonable expenses in relation to that attendance
when the House is not in session. (4) With the
exception of the reimbursement of expenses, subsection (3) does not apply to a
minister or the holder of a position referred to in subsection (1). Time at duties 13. (1) On a day when the House of Assembly is sitting, a
member shall attend that sitting. (2) A deduction
shall be made from the salary payable to a member under subsection 11(1) in the amount of $200 for each day on which the member is absent
from a sitting of the House of Assembly for a reason other than one set out in
subsection (3). (3) Where a member
is absent from a sitting of the House of Assembly because of (a) the sickness of the member; (b) a serious
illness related to the member's family; (c) bereavement; (d) attendance at a meeting
of a committee of the House of Assembly, the commission or a committee of the
commission; (e) attendance to duties as a member of a caucus or attendance to constituency business, where the member remains within the precincts of the House of Assembly as determined under section 19.1 of the House of Assembly Act; (f) attendance to
ministerial duties, where that member is a minister; or (g) other
circumstances that may be approved by the speaker, a deduction shall not
be made under subsection (2). (4) Subsection (2)
does not apply to the Premier, the leader of the official opposition and the
leader of a third party. (5) Before February 1 in a year, a member shall file with the clerk a declaration under oath or affirmation of his or her attendance while the House of Assembly was sitting in the previous year together with the dates of absences and an explanation for those absences. (6) Where a member
fails to file the declaration required by subsection (5) or files a declaration
disclosing that a deduction is required under subsection (2), the clerk shall (a) in the case of failure to file the declaration, withhold payment to the member of the member's salary; or (b) in the case
where a deduction is warranted, withhold from the member's salary or adjust
payments to or claim a refund from the member with respect to the appropriate
amount required to be deducted under subsection (2). (7) When the House
of Assembly is not sitting, a member shall devote his or her time primarily to
the discharge of his or her duties and responsibilities as a member, while
making allowance for (a) reasonable personal and family commitments; (b) the need for reasonable rest and vacation time; (c) ministerial
duties, if the member is appointed as a minister; and (d) parliamentary secretary's
or assistant's duties, if the member is appointed as a parliamentary secretary
or an assistant. (8) Nothing in this
Act prevents a member who is not appointed as a minister from (a) engaging in
employment or the practice of a profession; or (b) carrying on a
business, so long as the
member, notwithstanding the activity, is able to fulfill, and is fulfilling his
or her obligations as a member under subsections (1) and (7). (9) Where the
speaker becomes aware of circumstances that indicate that, by virtue of
engaging in activity referred to in subsection (8) or for some other cause, a
member may not be discharging his or her primary obligations under subsection
(7), the speaker shall refer the matter to the appropriate committee of the House
of Assembly for investigation and report. Commencement and termination dates 14. (1) For the purpose of entitlement to the payments
provided for in subsections 11(1), (2) and (4), a person is a member from the date
of his or her election until his or her seat is vacated or until the date of
the next following election, whichever first occurs. (2) Notwithstanding
subsection (1), a member may not claim reimbursement of expenses under
subsection 11(2) from and after the date an election is called
where those expenses relate to partisan political activities or election
activities. Adjustments to salaries, expenses and severance 15. (1) An adjustment to salaries under subsections 11(1) and 12(1) shall not be made and an additional
non-accountable allowance shall not be created or provided for except (a) in response to a recommendation of a members' compensation review committee constituted under section 16; and (b) by introduction
of an amending Bill in the House of Assembly with votes on first, second and
third readings being taken on separate days. (2) Notwithstanding
subsection (1), the salary of a member under subsection 11(1) and the salaries for the positions referred to in subsection 12(1) shall be adjusted annually on July 1 by a percentage equivalent to
the annual increase given in the previous year in the executive pay plan of the
government until the next members' compensation review committee appointed
under section 16 reports, and amendments are made under subsection (1)
in response to the recommendations of that committee. (3) Subsection (2)
shall cease to have effect following the submission of the next members'
compensation review committee, and the appropriateness and manner of providing
for periodic increases in a member's salary during the period between the
appointments of subsequent committees shall be dealt with by those committees. (4) The commission
may only exercise its power to prescribe reimbursement or payment of expenses
under subsection 11(2) or compensation or reimbursement or payment of
expenses under subsection 12(3) by making rules. (5) Where the
commission proposes to amend or add to the levels of or provisions respecting
reimbursement or payment of expenses of members, it shall follow the following
procedure: (a) a draft containing the amendment shall be prepared and tabled at a meeting of the commission; (b) notice of the
tabling of the draft rule shall be given by the speaker to and read at the House
of Assembly if it is in session, or given to every member if it is not in
session, and in any case shall be posted on the website maintained by the House
of Assembly; and (c) the draft rule
shall not be voted on except at a subsequent meeting of the commission. Inquiry re: salaries 16. (1) Beginning
with the Forty-Sixth General Assembly, the House of
Assembly shall, at least once during each General Assembly, by resolution
appoint, upon those terms and conditions that are set out in the resolution, an
independent committee, to be called a members' compensation review committee,
of not more than 3 persons, none of whom shall be a member, to conduct an
inquiry and prepare a report respecting the salaries, allowances, severance
payments and pensions to be paid to members. (2) Before the
appointments are made under subsection (1), the speaker shall consult with the
government house leader, the opposition house leader and the leader of a third
party having one or more members in the House and report the results of those
consultations to the House. (3) The persons
appointed under subsection (1) shall have and may exercise all the powers,
privileges and immunities of persons appointed as commissioners under the Public Inquiries Act, 2006. (4) The persons
appointed under subsection (1) shall complete their inquiry and deliver their
report containing recommendations to the speaker within 120 days of the
committee's appointment. (5) The speaker,
upon receipt of the report containing the recommendations of the members'
compensation review committee, shall refer the recommendations to the
commission as soon as possible and the commission, after consideration of the
recommendations, shall accept or modify them and (a) submit the recommendations, as accepted or modified, relating to salaries and non-taxable allowances and other matters that may be necessary to be implemented by legislation, to the Minister of Finance or Justice, or other appropriate minister, for the preparation of a Bill to amend this Act or another Act accordingly; and (b) place the
remaining recommendations, as accepted or modified, on the agenda of a
subsequent meeting of the commission, for the adoption of appropriate rules
implementing those recommendations. (6) A modification
of the recommendations of a members' compensation review committee which may be
made by the commission with respect to salaries, non-taxable allowances or
other amounts for which a member may be entitled to claim reimbursement or payment
on his or her behalf for reasonable and legitimate expenses, shall not exceed
the maximums recommended by the committee in that regard. (7) A members'
compensation review committee shall make itself available for consultation with
the commission for 6 months after delivering its report to the speaker. Payment from CRF 17. All salaries, allowances and expenses payable under
this Act shall be paid out of the Consolidated Revenue Fund. PART House of Assembly Management Commission 18. (1) The Commission of Internal Economy of the House of Assembly
established under the Internal
Economy Commission Act is continued
under the name of the House of Assembly Management Commission. (2) The speaker, or
in his or her absence, the deputy speaker, shall preside over the commission. (3) The commission
shall consist of (a) the speaker, or, in his or her absence, the deputy speaker, who shall be the chairperson; (b) the clerk, who
shall be the secretary and shall not vote; (c) the government
house leader; (d) the official opposition house leader; (e) 2 members who
are members of the government caucus, only one of whom may be a member of the
Executive Council; (f) one member who is a member of the official opposition caucus; and (g) one member, if
any, from a third party that is a registered political party and has at least
one member elected to the House of Assembly. (4) Where there is
no party, other than the government party or the official opposition party,
having a member elected to the House of Assembly, the member chosen for the
purpose of paragraph (3)(g) shall be an additional member from the official
opposition caucus. (5) A member of the
commission shall not also serve concurrently as a member of the Public Accounts
Committee of the House of Assembly. (6) The deputy speaker,
when not acting in the place of the speaker, may nevertheless attend meetings
of the commission in a non-voting capacity. (7) Members
referred to in paragraphs (3)(e) to (g) and subsection (4) shall be chosen by
their respective caucuses except that the member of the Executive Council
referred to in paragraph (e) shall be appointed by the Lieutenant-Governor in
Council. (8) A quorum of the
commission shall be 50% of its members provided that at least one member
representing a party in opposition to the government, and the speaker or deputy
speaker, shall be present. (9) In the second
week of every session of the House of Assembly and as the need arises, the
speaker shall inform the House of Assembly of the appointments made to the
commission. (10) In the absence
of the clerk, the clerk assistant shall be the secretary to the commission. Proceedings of the commission 19. (1) All proceedings of the commission excepting (a) personnel matters relating to officers and employees of the House of Assembly, political staff as defined in paragraph 2(1)(e) of the Conflict of Interest Act, 1995 and statutory offices; (b) legal matters, including
actual or potential litigation; (c) matters protected by privacy and data protection laws; and (d) budget deliberations
involving the preparation of the annual estimates of expenditure of the House
of Assembly and the statutory offices shall be open to the
public. (2) Where a matter
referred to in subsection (1) is raised, the speaker shall clear the public
from the place of the meeting and the commission shall proceed to discuss the
matter in private. (3) The commission
shall adopt rules with respect to the circulation and preparation of agendas
and briefing material to members of the commission and for the orderly conduct
of business of the commission. (4) The substance
of all decisions of the commission, including the decisions made following
debate on matters in private referred to in subsection (1) shall be recorded
and shall form a part of the public record. (5) A copy of the
minutes containing the substance of all decisions of the commission made at
each meeting shall, following approval by the commission at its next meeting,
be (a) tabled in the House of Assembly by the speaker no later than 5 days after that approval if the House of Assembly is sitting or, if it is not sitting, then not later than 5 days after it next sits; (b) provided by the
clerk to each member within 15 days of their approval by the commission; and (c) placed by the clerk
on a website maintained for the House of Assembly for inspection by the public. (6) All public
meetings of the commission may be electronically accessed by the media in
accordance with the methods and equipment existing in the House of Assembly. (7) Recordings of
the proceedings of the commission shall be made and transcribed by the Hansard
office and the broadcast centre of the House of Assembly, in the same manner as
are proceedings of the House of Assembly. Duties and responsibilities of commission 20. (1) The commission is responsible for the financial
stewardship of all public money, within the meaning of the Financial Administration Act, that may be voted by the House of Assembly for the
use and operation of the House of Assembly and statutory offices, and for all
matters of financial and administrative policy affecting the House of Assembly,
its members, offices and staff and in connection with them and, in particular, the
commission shall (a) oversee the finances
of the House of Assembly including its budget, revenues, expenses, assets and
liabilities; (b) review and approve
the administrative, financial and human resource and management policies of the
House of Assembly service and statutory offices; (c) implement and
periodically review and update financial and management policies applicable to
the House of Assembly service and statutory offices; (d) give directions
with respect to matters that the commission considers necessary for the
efficient and effective operation of the House of Assembly service and
statutory offices; (e) make and keep
current rules respecting the proper administration of allowances for members
and reimbursement and payment of their expenditures in implementation of subsection
11(2) of this Act; (f) annually report, in
writing, to the House of Assembly, through the speaker, with respect to its
decisions and activities in accordance with section 51; and (g) exercise other
powers given to the commission and to perform other duties imposed on the
commission under this or another Act. (2) The commission
may at any time report to the House of Assembly on matters referred to in this
section or in another Act relating to the House of Assembly. (3) Notwithstanding
paragraph (1)(c), the financial and management
policies of the government shall apply to the House of Assembly and statutory
offices except to the extent that they may be modified by directive of the
commission. (4) The commission
may, by directive, delegate a power or duty to the speaker or the clerk and,
where that delegation is made, (a) the commission shall establish outcome measurements and accountability recording of measurements that enable that proper oversight and recording be maintained; (b) the exercise of
that power or the performance of that duty shall be considered to have been
carried out by the commission; and (c) the commission
shall remain accountable for decisions as if it had made them. (5) In carrying out
its duties under subsection (1), the commission shall (a) regularly, and at least quarterly, review the financial performance of the House of Assembly as well as the actual expenditures of members compared with approved allocations; (b) ensure that an annual
financial audit is completed of the accounts of the House of Assembly and the
statutory offices in accordance with section 43 within 90 days
after the end of a fiscal year; (c) ensure that a
compliance audit is completed of the accounts of the House of Assembly and the
statutory offices in accordance with section 43 at least once
every General Assembly, and reported on within 90 days after the end of the
fiscal year to which it relates; (d) ensure that full and plain disclosure of the accounts and operations of the House of Assembly and statutory offices is made to the auditor appointed under section 43; (e) consider and
address on a timely basis recommendations of the auditor appointed under section
43; and (f) report, in writing,
annually to the House of Assembly, or a committee established by it, the
results of an audit and the steps taken or to be taken to address matters of
concern raised by an audit. (6) In carrying out
its duties, the commission may (a) make rules of
general application respecting (i) the amounts which members may claim for reimbursement or payment for reasonable and legitimate expenses under subsection 11(4) and the manner in which those allowances shall be calculated, claimed, substantiated and paid, (ii) the engagement
by a member and the amount and method of payment and other terms of engagement
of constituency assistants and the reimbursement of reasonable expenses
incurred by those assistants in carrying out their duties, (iii) subject to the requirements of the Financial Administration Act, the form of documentation required to make a claim under this Act, (iv) the financial
accountability of members, (v) the duties and
responsibilities of the clerk with respect to the financial administration of
the House of Assembly and the statutory offices, and (vi) those other
matters that may be necessary to give effect to the purpose of this Act; (b) issue
directives (i) interpreting, clarifying or amplifying the rules, (ii) establishing policies for the guidance of members, the clerk and staff of the House of Assembly service and statutory offices, (iii) in accordance
with this Act and rules calling for the issuing of directives, and (iv) altering, on
appeal, rulings of the speaker as to the application of the rules to particular
cases where advance rulings have been sought under section 24; and (c) make decisions (i) on individual cases or appeals brought to the commission for decision, and (ii) on all other
matters that call for action or decision of the commission in relation to the House
of Assembly. (7) A change shall
not be made to the level of amounts of allowances and resources provided to
members except in accordance with a rule and, notwithstanding section 64, that rule shall not be effective unless first laid before the House of
Assembly and a resolution adopting it has been passed. (8) A directive
issued or decision made by the commission (a) is effective on the date specified in that directive or decision; and (b) shall not be
issued or made if it is inconsistent with this Act or the rules. Individual duties of commission members 21. (1) A member of the commission, in exercising his or her
powers and discharging his or her duties, shall exercise the care, diligence
and skill that a reasonably prudent person would exercise in comparable
circumstances. (2) A member of the
commission shall not be considered to be in breach of the duty in subsection
(1) if he or she acts prudently and on a reasonably informed basis. (3) A member of the
commission shall act honestly and in good faith on the basis of adequate
information in arriving at decisions of the commission, and shall (a) attend meetings of the commission unless unable to do so for good reason; (b) spend
sufficient time on the affairs of the commission to comply with his or her duties
and responsibilities; and (c) consider and
advocate policies that promote compliance with this Act and rules. Orientation and training 22. (1) The speaker, assisted by the clerk, shall develop and
offer appropriate orientation and training programs for (a) members; (b) members of the
commission; and (c) officers and staff of
the House of Assembly service and statutory offices, to assist them in
understanding their respective duties and responsibilities and, in particular,
in applying and complying with rules and directives of the commission relating
to claims for allowances and expenses and policies and procedures respecting
financial management. (2) Within 30 days
of a member's election for the first time to the House of Assembly, the speaker
shall ensure that an appropriate orientation program is given to the member
respecting (a) the types of services offered to members by the House of Assembly service and how those services may be accessed; (b) the proper
procedures to be followed in making claims for reimbursement or payment for
proper expenses incurred by the member in carrying out his or her duties; (c) recommendations
for proper systems to be employed in operating a constituency office and employing
a constituency assistant; and (d) other matters
that the speaker considers appropriate to assist the member in carrying out his
or her duties. (3) Within 30 days
of a member's election for the first time to the House of Assembly, the speaker
shall ensure the delivery of the following to the member: (a) this Act; (b) rules; (c) directives of the commission pertaining to members; (d) written policies of
the House of Assembly service that may affect the member; (e) the code of
conduct for members and for officers and staff of the House of Assembly service;
and (f) the manual. Audit committee 23. (1) There is established a committee of the commission, to
be known as the audit committee. (2) The audit
committee shall consist of (a) 2 members of the commission chosen by the commission, at least one of whom shall not be a member of the government party; and (b) 2 persons, chosen
by the Chief Justice of the province, who are not members but who are resident
in the province, and have demonstrated knowledge and experience in financial
matters and are suitable to represent the public interest. (3) The commission
shall designate the chair of the audit committee from among the members of the
committee. (4) A person
appointed under paragraph (2)(b) shall serve for a term of not more than 4
years but may be reappointed for one additional term of not more than 4 years. (5) The clerk
assistant shall act as secretary of the audit committee. (6) The commission
shall fix and direct the level of compensation and reimbursement of expenses to
be paid to persons appointed under paragraph (2)(b). (7) The audit
committee shall (a) provide assistance to the commission in fulfilling its oversight responsibility to the House of Assembly and the public with respect to stewardship of public money; (b) make
recommendations to the commission respecting the choice of and terms of
engagement and compensation of the auditor appointed under section 43; (c) review the
audit plans of the auditor appointed under section 43, including the general approach, scope and areas subject to risk of
material misstatement; (d) review the financial statements, audit report and recommendations of the auditor and give advice about them to the commission; (e) review the
compliance report issued and recommendations, if any, provided by the auditor
general as a result of a compliance audit conducted under subsection 43(9) and give advice on that report and those recommendations to the commission; (f) review internal
audit reports and make recommendations to the commission as required in respect
of matters arising from those reports and generally make recommendations with
respect to internal audit procedures of the House of Assembly and statutory
offices; (g) review with the
clerk the effectiveness of internal control and other financial matters, as
well as compliance with legal requirements respecting accountability,
record-keeping, tendering and conflict of interest in the House of Assembly service and the statutory offices; (h) review the code of
conduct applicable to the clerk and staff of the House of Assembly service and
statutory offices, and make recommendations for improvements to the commission; (i) establish
procedures for the receipt and treatment of complaints regarding accounting and
internal controls, and the confidential submission by staff of the House of
Assembly service and the statutory offices and by members of the public service
of concerns regarding questionable accounting or auditing matters; (j) use reasonable
efforts to satisfy themselves as to the integrity of the House of Assembly and
statutory office's financial information systems and the competence of
accounting personnel and senior financial management responsible for accounting
and financial reporting; (k) review
disclosure practices of the commission to ensure full, plain and timely
disclosure of its decisions respecting financial matters; (l) advise the
clerk with respect to the exercise of his or her responsibilities as accounting
officer; and (m) act on, advise and report on other matters relating to the financial
affairs of the House of Assembly and statutory offices as may be required by
the commission. (8) The audit
committee shall (a) meet at least 4 times a year or more often as required; (b) meet separately and periodically with the clerk, the personnel responsible for the internal audit function and the auditor appointed under section 43; and (c) report
regularly to the commission with respect to its activities. (9) The substance
of the reports, advice and recommendations made by the audit committee to the
commission shall be tabled at meetings of the commission and recorded in the
minutes. (10) Where there is
disagreement among members of the audit committee as to the report, advice or
recommendations to be made to the commission on a matter, and the 2 members of
the committee appointed under paragraph (2)(b) are in disagreement with the
other members of the committee or disagree with each other on that matter, that
fact shall be recorded in the report, advice or recommendations and in the
minutes of the commission. Advance rulings on allowance use 24. (1) Where a member incurs an expense and a claim for reimbursement,
or payment has been rejected by an officer or staff member of the House of Assembly
service, or the member is unsure as to whether an expense, if incurred, will
qualify for reimbursement or payment, he or she may request a ruling from the
speaker. (2) Upon receipt of
a request in writing for a ruling under subsection (1), the speaker shall, as
soon as reasonably possible, review the matter and, after giving the member an
opportunity to make a submission, provide a ruling in writing to the member as
to whether the expenditure complies with or would comply with this Act, the
rules and directives of the commission. (3) Before making a
ruling the speaker may request further information or clarification from the
member as to the nature and purpose of the expenditure in question. (4) Where the
speaker rules that the expenditure complies with, or the proposed expenditure
will comply with, this Act, the rules and directives of the commission, the
speaker shall (a) inform the member of the ruling; and (b) provide a copy
of the ruling to the commission. (5) Where the
speaker rules that the expenditure complies with or would comply with the Act,
the rules and directives of the commission, and the commission does not reject
or vary the speaker's ruling in accordance with subsection (7), the ruling is
binding and the member may claim reimbursement or payment. (6) Where the
commission takes issue with the speaker's ruling, the member shall be notified
by the commission and given the opportunity to make a submission to the
commission outlining why the expenditure complies with the Act and the rules
and directives of the commission. (7) The commission
may, within 30 days of receipt of the speaker's ruling reverse that ruling and
substitute another or approve that ruling, and the decision of the commission
is final. (8) Where the
ruling of the speaker is that the expenditure does not comply with the rules
and directives of the commission, the member may appeal that ruling to the
commission and, after giving the member an opportunity to make a submission in
writing in support of the appeal, the commission may decide to reverse, uphold
or modify the ruling of the speaker, and the decision of the commission is
final. PART IV House of Assembly
service 25. (1) The House of Assembly service consists of operations established,
whether by law or otherwise, for the purpose of supporting the functioning of
the House of Assembly, its committees and members, and includes (a) the speaker; (b) the office of the clerk and other officers of the House of Assembly; (c) the law clerk; (d) the financial
and administrative services; (e) the legislative library; (f) the office of
Hansard; (g) the broadcast centre; and (h) other divisions
that may be assigned by law or designated and provided for by the commission. (2) For the purpose
of this Act, the House of Assembly service does not include a statutory office,
the office of the auditor general, or staff employed for political purposes to
assist a member or a caucus. (3) The law clerk
appointed under section 7 shall provide legal services to the House of Assembly
service, including but not limited to (a) advice to the clerk and speaker on parliamentary matters; and (b) general legal
advice and services. Estimates 26. (1) An estimate of the amounts required to be provided by
the House of Assembly for the payment of expenses of the House of Assembly,
including salaries, allowances and expenses of members, during each fiscal year
shall be prepared annually by the clerk. (2) Estimates of
the amounts required to be provided by the House of Assembly for the operation
of each statutory office shall be prepared annually by the officer responsible
for the statutory office. (3) The estimates
prepared by the clerk and the officer responsible for each statutory office
shall be submitted to the commission for its approval and may be altered by the
commission. (4) Before the
commission makes a decision on the estimate of the statutory offices submitted
under subsection (2), the commission shall request the clerk to provide
analysis and commentary to the commission on each of those estimate requests. (5) Before the
commission makes a decision on an estimate submitted under this section, it may
submit the estimate to the budget division of the Department of Finance for
analysis and commentary. (6) The estimates
as approved or altered by the commission shall be submitted to the Minister of
Finance and laid before the House of Assembly with the other estimates for the
year. Payment 27. All amounts of money voted by the Legislature with
respect to the estimates submitted under section 26 shall, subject to the Financial
Administration Act, be paid out
of the Consolidated Revenue Fund on the order of the commission to defray the
expenses of the House of Assembly, statutory offices and the office of the
auditor general. Clerk 28. (1) The clerk is the chief officer of the House of Assembly
with the status equivalent to a deputy minister in the public service and in
that capacity the clerk is (a) the chief parliamentary advisor to the speaker; and (b) the chief
administrative and financial officer of the House of Assembly responsible to
the speaker and through the speaker to the commission for the management of the
operations of the House of Assembly service and the administration of the
statutory offices. (2) In his or her capacity
as chief parliamentary advisor, the clerk is responsible for (a) advising the speaker, deputy speaker, committee chairpersons and members on procedural matters concerning the rules, privileges and proceedings of the House of Assembly; (b) directing and coordinating the provision of procedural services by the clerk assistant, sergeant-at-arms and other officers of the House of Assembly; (c) coordinating all official parliamentary ceremonies and other events involving the House
of Assembly; (d) custody of and
safe-keeping of the records of the House of Assembly and all bills, petitions
and documents presented to or laid on the table of the House, and shall produce
them when required by the speaker or by his or her order on motion of a member; (e) recording and carrying out all recorded votes of the House of Assembly; and (f) ensuring and
controlling public access to the proceedings of the House of Assembly through
the production and distribution of Hansard and the facilitation of electronic
access to proceedings by the media. (3) In his or her capacity
as chief administrative and financial officer, the clerk is responsible for (a) the provision of administrative, financial and other support services to the House of Assembly, its members, and statutory offices; (b) direction and supervision of the clerks, officers and staff employed in the House of Assembly service and for the establishment of general administrative policies of the statutory offices; (c) acting as secretary of the commission and has custody of all records and minutes of the commission; (d) ensuring that
disclosure, as required by law, of the proceedings of the commission and the
financial matters pertaining to members and the House of Assembly service is provided
for; (e) the preparation of
the estimates of the House of Assembly as required by section 26 and analysis and commentary, to the commission, on the budget
submissions of the statutory offices and the office of the auditor general; (f) administration
of all services and payments to members; (g) the orderly
safekeeping of the records of the House of Assembly service; (h) authorizing and recording all financial commitments entered into on behalf of the House
of Assembly and statutory offices; (i) reporting regularly to
the commission and informing the secretary of the Treasury Board regarding the
financial and budgetary performance of the House of Assembly and statutory
offices; (j) reporting to the
commission and the audit committee on the status of audits of the House of
Assembly and the statutory offices and, specifically, reporting if in his or
her opinion the audit is not being conducted on a timely basis; (k) maintaining and periodically assessing the effectiveness of internal controls in the
House of Assembly and statutory offices and reporting on that assessment and
effectiveness to the commission; and (l) certifying to the
commission as required that the House of Assembly and statutory offices have in
place appropriate systems of internal control and that those systems are operating
effectively. (4) Paragraph
(3)(l) shall not come into force until Financial administration of allowances and expenses 29. (1) The clerk shall ensure that (a) all allowances allocated to a member are allocated directly to a separate account for that member, which shall be maintained by the financial officer designated by the clerk; (b) all expenses of
a member are charged to and paid out of the member's account as a debit from
funds allocated under paragraph (a); and (c) expenses
reimbursed to or paid on behalf of a member do not exceed prescribed maximums
and otherwise comply with limitations on their payment. (2) The clerk shall
ensure that quarterly or more frequently, as he or she considers necessary or
as may be directed by the commission, statements of the status of a member's
account are provided to the member and the commission. (3) The clerk shall
annually certify in the report required under section 51 that (a) he or she has reviewed the accounts of members and that they are an accurate reflection of the transactions related to those accounts for the previous fiscal year; and (b) the minutes of
the proceedings of the commission are an accurate reflection of the decisions
made at those proceedings. General duties of clerk 30. The general duties of the clerk of the House of
Assembly, where no special provision is made, shall be similar to those of the
clerk of the House of Commons of the Parliament of the Clerk to account to Public Accounts Committee 31. (1) The clerk, as an accounting officer, shall be directly
accountable before the Public Accounts Committee of the House of Assembly for
the authorities and responsibilities assigned by law or delegated to him or her
by the commission, including for the (a) measures taken to organize the resources of the House of Assembly service to deliver the programs in compliance with established policies and procedures; (b) measures taken
to implement appropriate financial management policies; (c) measures taken
to maintain effective systems of internal control; (d) certifications
that are made under section 29; and (e) performance of other specific duties assigned to him or her by or under this or
another Act in relation to the administration of the House of Assembly service and
the statutory offices. (2) The clerk shall
appear before the Public Accounts Committee and answer questions put to him or
her by members of the committee in respect of the carrying out of the
responsibilities and the performance of the duties referred to in subsection
(1). (3) Except where
section 24 applies, where the speaker or the commission are
unable to agree with the clerk on the interpretation or application of a rule,
directive, policy or standard applicable to a member, the House of Assembly
service or the statutory offices, the clerk shall seek guidance in writing on
the matter from the comptroller general or the Deputy Attorney General. (4) Where guidance
is provided under subsection (3) but the matter remains unresolved, and the
speaker or commission, in writing, requests action by the clerk in accordance
with their direction, the clerk shall comply with the direction but shall
immediately notify the auditor general, the comptroller general and the
Attorney General of the direction and his or her disagreement with that
direction. (5) A punishment or
retaliation shall not be taken against the clerk for actions taken by him or
her in good faith under this section. Subordinate offices 32. (1) The commission may appoint those employees, other than
those appointed under section 7, that it considers necessary for the conduct of the
business of the House of Assembly service. (2) The commission
may, in accordance with (a) subsection 10(1) of the Citizen's Representative Act; (b) subsection 11(1) of the Child and Youth Advocate Act; (c) subsection
42.7(1) of the Access
to Information and Protection of Privacy Act; (d) subsection
34(5) of the House of
Assembly Act; and (e) subsection 7(1)
of the Elections Act, 1991, approve the proposed appointments of
officers, clerks, assistants and employees of the statutory offices. (3) Personnel and administrative policies respecting the public service, including
policies with respect to the reimbursement of expenses, apply to persons employed
in the House of Assembly service, except where varied by a directive of the
commission. (4) Policies
relating to deputy ministers, including policies with respect to the
reimbursement of expenses, apply to the clerk and persons appointed to preside
over a statutory office, except where varied by a directive of the commission. (5) The employee
benefits applicable to the public service of the province apply to persons
employed in the House of Assembly service, except where varied by a directive
of the commission. (6) The Public Service Commission Act, except for section 11 with respect
to appointments, applies to the House of Assembly and the statutory offices,
except where varied by a directive of the commission. (7) The commission
may, with the approval of the applicable minister or agency head, second
employees from a department of government or agency to work on a temporary
basis in the House of Assembly service and while working, those persons shall
report to and be answerable to the clerk or other person who may be designated
by the clerk and, upon return of those persons to work in a government or
agency, service while employed in the House of Assembly service shall be
counted as service in the public service. Reporting of proceedings 33. The commission may make arrangements for the reporting
and publishing of the proceedings of the House of Assembly. Suspension of employees 34. (1) The speaker may inquire into the conduct or fitness of a
person employed by the House of Assembly upon a complaint made to the speaker
of misconduct or unfitness of that person. (2) Where it
appears to the speaker following an inquiry under subsection (1) that an
employee has been guilty of misconduct or is unfit to continue his or her
employment, the speaker may suspend the employee and shall report the
suspension (a) to the Lieutenant-Governor in Council in the case of a person appointed by the Crown; or (b) to the
commission where the person has not been appointed by the Crown. PART V Codes of conduct 35. (1) The speaker shall, immediately after the coming into
force of this Act, refer to the standing committee of the House of Assembly on
Privileges and Elections the responsibility of developing and proposing to the House
of Assembly the adoption, by resolution, of a code of conduct for members to
assist members in the discharge of their obligations to the House of Assembly,
their constituents and the public at large by that (a) provides guidance on the standards of conduct expected of members in discharging their legislative and public duties; and (b) provides the
openness and accountability necessary to reinforce public confidence in the
manner in which members perform those duties. (2) The
code of conduct adopted under subsection (1) shall be (a) treated as a standard against which the actions of a member may be judged for the purpose of censure by the House of Assembly and by the public; and (b) in addition to
other standards of duty and responsibility imposed on members by this Act and
any other law. (3) The commission
shall, within 90 days of the coming into force of this Act, develop and adopt a
code of conduct applicable to the officers and other persons employed in the House
of Assembly service and in the statutory offices. Request for opinion 36. (1) A member who has reasonable grounds to believe that another
member is in contravention of the code of conduct adopted under subsection 35(1) may, by application in writing setting out the grounds for the
belief and the nature of the alleged contravention, request that the
commissioner give an opinion respecting the compliance of the other member with
the provisions of the code of conduct. (2) The
commissioner, on his or her own initiative, may conduct an inquiry to determine
whether a member has failed to fulfil an obligation under the code of conduct
where in the opinion of the commissioner it is in the public interest to do so. (3) The House of
Assembly may, by resolution, request that the commissioner give an opinion on a
matter respecting the compliance of a member with the code of conduct. (4) The Premier may
request that the commissioner give an opinion on a matter respecting the
compliance of a member with the code of conduct. (5) Where a matter
has been referred to the commissioner under subsection (1) or (3), the House of
Assembly or a committee of the House of Assembly shall not conduct an inquiry
into the matter until the commissioner has completed his or her work. Inquiry 37. (1) Upon receiving a request under subsection 36(1), (3) or (4), or where the commissioner decides to conduct an inquiry
under subsection 36(2), and on giving the member concerned reasonable
notice, the commissioner may conduct an inquiry. (2) Where the
commissioner conducts an inquiry under subsection (1), he or she shall give the
member to whom the inquiry relates a copy of the request and at all appropriate
stages throughout the inquiry the commissioner shall give the member reasonable
opportunity to be present and to make representations to the commissioner in
writing or in person or by counsel or other representative. (3) Where the
commissioner decides to conduct an inquiry under subsection (1), he or she has
all the powers of a commissioner under the Public Inquiries Act, 2006. (4) Where the
commissioner determines that the subject-matter of an inquiry conducted by him
or her is under investigation by police or is the subject-matter of criminal
proceedings, the commissioner shall hold the inquiry in abeyance pending final
disposition of that investigation or those proceedings if, in his or her
opinion, the continuation of the inquiry would inappropriately interfere with
the investigation or proceeding. (5) Where during
the course of an inquiry the commissioner determines that there are reasonable
grounds to believe that an offence contrary to an Act of the province or the
Parliament of Canada has been committed, the commissioner shall immediately
refer the matter to the appropriate authorities and hold the inquiry in
abeyance pending final disposition of a resulting investigation and
proceedings. Report 38. (1) Where a request for an opinion is made under
subsection 36(1) or (3), or where the commissioner conducts an
inquiry under subsection 36(2), he or she shall report his or her opinion to the
commission which shall present the report to the House of Assembly within 15
sitting days of receiving it if it is in session or, if not, within 15 sitting
days of the beginning of the next session. (2) Where the request for an opinion is made under
subsection 36(4), the commissioner shall report
his or her opinion to the Premier and the member concerned. (3) In all cases,
the commissioner shall report the results of an inquiry to the member
concerned. (4) The
commissioner shall report the results of an inquiry as soon as possible, and in
any event no later than 90 days after beginning the inquiry. Penalties 39. Where the commissioner determines that a member has
failed to fulfil an obligation under the code of conduct he or she may recommend
in the report under section 38 (a) that the member be reprimanded; (b) that the member make restitution or pay compensation; (c) that the member be
suspended from the House of Assembly, with or without pay, for a period
specified in the report; or (d) that the
member's seat be declared vacant. Concurrence of House of Assembly 40. (1) A recommendation in a report of the commissioner shall
not take effect unless the report is sent to the commission under subsection 38(1) and concurred in by resolution of the House of Assembly. (2) A report tabled
in the House of Assembly under subsection 38(1) shall be
taken up and disposed of within 15 sitting days after the day on which it was
tabled or within a longer period, not to exceed 6 months,
that the House of Assembly may determine. Suit for compensation allowed 41. (1) Where a report to the House of Assembly under section 38 is adopted and the report recommends the payment of compensation or
restitution, the House of Assembly may, in an Act passed for the purpose, order
the payment of compensation or restitution. (2) Compensation
ordered to be paid under subsection (1) is a debt due to the person identified
in the report as having suffered damage and may be recovered from the member to
whom the report relates by that person in a court. Examination of member 42. (1) Where, after considering a matter under section 37, the commissioner concludes that, having regard to all the
circumstances, there was no failure without reasonable justification in the
member's fulfilment of an obligation under the code of conduct, then he or she,
without providing further information, shall certify to the member in writing
and shall give a copy of the certificate to the commission where the inquiry
was conducted as a result of a request under subsection 36(1) or (3) or by the commissioner under subsection 36(2). (2) Where the
commissioner gives a copy of a certificate to a member under this section, he
or she shall, on the request of the member, provide the member with the
information and explanations in support of the conclusion referred to in
subsection (1) that the commissioner considers appropriate in the
circumstances, and the member may publish or otherwise deal with information
and explanations so provided as the member sees fit. Audit 43. (1) Notwithstanding another Act, the accounts of the House
of Assembly and statutory offices shall be audited annually by an auditor
appointed by the commission under subsection (2). (2) The commission
shall, before the end of each fiscal year, upon the recommendation of the audit
committee, appoint an auditor. (3) The auditor
general may act as the auditor appointed under subsection (1) but in that event
the audit to be performed shall be of the House of Assembly and statutory
offices as a separate body and not as part of the general audit of the accounts
of the province with appropriate levels of materiality applied to that entity. (4) Where the commission does not appoint an
auditor as required by subsection (2), the speaker shall report the fact to the
House of Assembly. (4.1) Where the commission has not appointed an auditor under subsection (2) by the end of the fiscal year, the auditor general shall be the auditor. (5) The audit
provided for in subsection (1) shall consist of (a) a financial
statement audit conducted in accordance with generally accepted auditing
standards as determined by the Canadian Institute of Chartered Accountants,
expressing an opinion on whether the accounts of the House of Assembly and
statutory offices are fairly presented in accordance with accounting policies
noted; (b) the expression of
an opinion on whether the expenses incurred by the House of Assembly and
statutory offices are in accordance with the policies of the commission and,
where applicable, the policies of the executive branch of government; and (c) the expression of
an opinion on whether the clerk's assessment of the effectiveness of internal
controls of the House of Assembly and statutory offices is fairly stated and
whether the internal controls are operating effectively. (6) Nothing in this
Act precludes the auditor general, after consultation with the audit committee,
from conducting at any time and on his or her own motion a separate financial
audit of the accounts of the House of Assembly and the statutory offices under the
authority conferred on the auditor general by the Auditor General Act. (7) Where a
financial audit conducted under this section is conducted by an auditor other
than the auditor general, that auditor shall (a) deliver to the
auditor general after completion of the audit a copy of the auditor's report,
his or her recommendations and a copy of the audited financial statements; and (b) provide to the
auditor general as soon as reasonably practicable when so requested, a full
explanation of the work performed, tests and examinations made and the results
obtained, and other information relating to the audit within the knowledge of
the auditor. (8) In addition to
the financial audit required by this section, the auditor general shall perform
and complete a compliance audit at least once during every General Assembly to
determine and express an opinion on whether (a) collections of
public money (i) have been
effected as required under law and directives and decisions of the commission, (ii) have been fully accounted for, and (iii) have been
properly reflected in the accounts of the province; (b) disbursements
of public money (i) have been made in accordance with the authority of a supply vote, or relevant law, (ii) have complied
with regulations, rules, directives and orders applicable to those
disbursements, (iii) have been
properly reflected in the accounts, and (iv) have been made
for the purposes for which the money was appropriated and authorized; (c) accounts have been faithfully and properly kept; (d) assets acquired,
administered or otherwise held by or for the House of Assembly and the
statutory offices are adequately safeguarded and accounted for; (e) accounting
systems and management control systems that relate to revenue, disbursements,
safeguarding or use of assets or the determination of liabilities are in
existence, are adequate and have been complied with; (f) accountability information with respect to the operations of the House of Assembly and
the statutory offices is adequate; and (g) there are
factors or circumstances relating to expenditure of public money which in the
opinion of the auditor general should be identified and commented on as part of
the audit function. (9) Subsection (9)
shall not be construed as entitling the auditor general to question the merits
of policy objectives of the House of Assembly, the House of Assembly service,
the commission or the statutory offices. Access to books 44. The auditor general, another auditor appointed under
section 43 and the comptroller general shall, for the purposes
of (a) an audit of the accounts of the House of Assembly and statutory offices under this Act; and (b) the duties of
the comptroller general under the Financial
Administration Act, have access to all books, documents, accounts and other
financial records of the House of Assembly and the statutory offices. Improper retention of public money 45. (1) Where (a) during the course of an audit; (b) as a result of a review of an audit report prepared by another auditor employed by the commission; or (c) as a result of
an internal audit procedure, the auditor general becomes aware of
an improper retention or misappropriation of public money by a member, the
clerk, the clerk assistant or staff of the House of Assembly service or the
statutory offices or another activity that may constitute an offence under the Criminal Code or another Act of the province or of Canada, the auditor general shall
immediately report the improper retention, misappropriation of public money or
other activity to (d) the speaker; (e) the chair of the audit committee; (f) the Premier; (g) the leader of the political party, if any, with which the person involved may be associated; (h) the Attorney
General; and (i) the Minister of
Finance. (2) In addition to
reporting in accordance with subsection (1), the auditor general shall attach
to his or her annual report to the House of Assembly a list containing a
general description of the incidents referred to in subsection (1) and the
dates on which those incidents were reported. (3) Before
making a report under subsection (1), the auditor general shall give to a
person involved and who may be ultimately named or identified in the report (a) full disclosure of the information of which the auditor general has become aware; and (b) a reasonable
opportunity to the person to provide further information and an explanation, and shall take that
information and explanation into account in deciding whether to proceed to make
a report. (4) The auditor
general shall not make the existence or the contents of a report referred to in
subsection (1) known to another person except (a) as part of his or her annual report to the House of Assembly; (b) in accordance with a judicial proceeding; (c) as part of
proceedings before the Public Accounts Committee; or (d) as a result of
a request from the commission. (5) The auditor
general is a compellable witness in any criminal or civil proceeding and in a
proceeding before the Public Accounts Committee relating to a matter dealt with
in a report made under this section. (6) Section 19.1 of
the House of Assembly Act does not apply to a report made under this section. (7) Section 15 of
the Auditor General Act does not apply to a member, the clerk, clerk assistant
or staff of the House of Assembly service. Financial Administration Act 46. The Financial
Administration Act applies to
public money issued to defray expenses of the House of Assembly including money
allocated to defray the salaries, allowances and other expenses of members. Public Accounts Committee 47. The Public Accounts Committee of the House of Assembly
or another committee that may be designated by the House of Assembly shall
annually review (a) the audited accounts and the report prepared by the speaker under section 51; (b) the clerk's role as accounting officer under section 31; and (c) another matter that it
considers necessary or advisable with respect to the financial management of
the House of Assembly and the statutory offices. Application of Acts 48. (1) The Transparency
and Accountability Act shall apply to
the House of Assembly service and the statutory offices, with the following
exceptions: (a) an authority or responsibility given to a minister under that Act shall be exercised by the speaker; (b) an authority or responsibility given to the Lieutenant- Governor in Council under that Act shall be exercised by the commission; (c) sections 10,
11, 12, 13, subsections 14(2), 19(1), (2), (3) and (4), and section 24 of that
Act do not apply; (d) subsections 14(2), 19(1), (2) and (4) of that Act apply only to the statutory offices; (e) where the Transparency and Accountability Act refers to a "governing body" it shall be
read as a reference to the commission; (f) where the Transparency and Accountability Act refers to a "government entity" it shall be read as a reference to the House of Assembly service and statutory offices; (g) where the Transparency and Accountability Act refers to a "public body" it shall be read
as a reference to an office of the House of Assembly service and statutory
offices; (h) where in
sections 5, 6, and 7 of the Transparency
and Accountability Act reference is
made to the "strategic direction of the government" it shall be read
as a reference to the strategic direction of the House of Assembly service; and (i) where in section 21
of the Transparency and
Accountability Act a reference is
made to a "deputy minister" it shall be read as a reference, in
relation to the House of Assembly service, to the clerk. (2) The
Public Tender Act and the Conflict of Interest Act, 1995 shall apply to the House of Assembly and the statutory offices except to the extent that the application may
be modified by a directive of the commission putting in place alternative and
more appropriate requirements dealing with tendering processes and the conflict
of interest of persons employed in the House of
Assembly and statutory offices. Further duties of commission 49. (1) In addition to providing access to information
under the Access
to Information and Protection of Privacy Act, the commission shall (a) adopt and maintain a scheme, to be known as a publication scheme, which relates to the publication of information by the commission; (b) publish information in accordance with the publication scheme; and (c) review and
update the publication scheme. (2) The publication
scheme required to be adopted under subsection (1) shall (a) include information about the expenditures made by or on behalf of members under subsection 11(2) and in accordance with the rules; (b) include other classes of information relating to the operation of the House of Assembly which the commission intends to publish, taking into account the appropriateness, with respect to each class, of public access to information concerning that class; and (c) specify the
manner, including written or electronic publication on a website, in which it
is to be published. Manual 50. (1) The commission shall, not more than 6 months after the
coming into force of this Act, develop a manual of appropriate conduct and
policies and procedures for members of the House of Assembly. (2) The manual
shall be (a) tabled in the House of Assembly within 10 days after its completion if the House of Assembly is then sitting and if not, within 10 days of the next ensuing sitting; and (b) distributed to the speaker, clerk and each member of the House of Assembly. (3) Where, after a
distribution of a manual under subsection (2), a member is newly elected to the
House of Assembly, the clerk shall provide a copy of the manual to that member. (4) The manual
shall be updated as the commission considers necessary and each change to the
manual shall be distributed as required under subsections (2) and (3). (5) The manual
shall contain (a) information with respect to allowances available to members; (b) the duties of members with respect to claims for allowances and the management and expenditure of public money; (c) copies of
applicable legislation; (d) copies of the rules; (e) directives of
the commission issued to members, the speaker and the clerk; (f) information
summarizing rulings and determinations made by the speaker and the commission
under section 24 and by the speaker and the commissioner under section
52; (g) instructions as
to the manner in which duties of the members are to be carried out with respect
to making claims for allowances and the forms to be used and the documentation
to be supplied; (h) the code of conduct
adopted by the House of Assembly; (i) information as
to how to organize and operate a constituency office; and (j) another matter that the commission believes
may be of assistance to members in the performance of their duties. Annual report of speaker 51. In addition to a report that may be required by the Transparency and Accountability Act, the speaker shall, on behalf of the commission,
annually prepare and table in the House of Assembly a report containing (a) the audited financial statements and accounts and auditor's report prepared by the auditor under section 43; (b) minutes of the substance of all decisions made at each meeting of the commission prepared in accordance with subsection 19(4); (c) a report on the decisions and activities of the commission for the past year prepared in accordance with paragraph 20(1)(f); (d) a report on
recommendations made by the auditor appointed under section 43 and the steps taken or to be taken, if any, to address those
recommendations, in accordance with paragraph 20(5)(e); (e) a statement of
the total salary, allowances and expenses permitted for each member and a
statement of all payments made to or for each member with respect to their
salaries allowances and expenses; (f) changes or
adjustments to allowances and expenses approved by the commission in the year
covered by the report; (g) a statement of the clerk certifying that the amounts of salary, allowance and expense reflected in the report as having been paid to or for each member is consistent with the amounts recorded by the comptroller general and reflected in the public accounts; and (h) a statement of
the substance of rulings made by the speaker, the commission or the
commissioner under sections 24 and 52. Review of allowance use 52. (1) At the request of a member or of the clerk on his or
her own initiative, the speaker may conduct, in his or her capacity as chair of
the commission, a review that the speaker considers necessary to determine
whether a member's use of an allowance, disbursement, payment, good, premises
or service provided under this Act complies with (a) the purposes for which the allowance, disbursement, payment, good, premises or service was provided; or (b) the purpose of
this Act, the rules or the directives of the commission. (2) The speaker
shall inform a member of a review concerning that member as soon as is
reasonably possible. (3) Where, after a
review, the speaker determines that a member's use of an allowance,
disbursement, payment, goods, premises or service provided under this Act does
or does not comply with the purposes for which it was provided or the purposes
of this Act or a rule or directive of the commission, the speaker shall (a) inform the member of the determination; and (b) provide a copy
of that determination to the commission. (4) A member who is
the subject of the speaker's determination may, within 10 days of his or her
receipt of that determination, inform the speaker that he or she disagrees with
the determination and the speaker or that member may request that the
commissioner investigate and provide a written opinion. (5) Where the
commissioner receives a request under subsection (4), he or she may conduct an
investigation sufficient to provide an opinion and shall provide that written
opinion to the (a) member who was the subject of the investigation; (b) commission; and (c) speaker. (6) Where an opinion
provided under subsection (5) differs from that provided by the speaker under
subsection (3), the commissioner's opinion shall prevail. (7) Where a member does not
disagree in writing within 30 days after receiving the speaker's determination
or if he or she does disagree but the commissioner, in the commissioner's
written opinion, supports the speaker's determination, the speaker may direct,
in writing, that the member (a) comply with this Act, the rules or the directives of the commission; and (b) pay back the
amount of the allowance, disbursement, funding or payment paid or the value of
the good, service or use of the premises provided. (8) The speaker may
order that an allowance, disbursement, payment, good, premises or service
otherwise payable or to be provided to a member under this Act or a rule or
directive of the commission, be withheld from the member where (a) the speaker has given the member a written direction under subsection (7); and (b) either (i) the speaker determines that the member continues to use an allowance, disbursement, payment, good, premises or service paid or provided in a manner that does not comply with the purpose for which it was provided or with the purpose of this Act or a directive of the commission, or (ii) the speaker is
of the opinion that the withholding is necessary to protect the public
interest. (9) An order made
under subsection (8) remains in force until (a) the speaker is satisfied that the member's proposed use of the allowance, disbursement, payment, good, premises or service complies with the purpose for which it was provided or with the purposes of this Act or directives of the commission; or (b) it is revoked
by the speaker. (10) The speaker may
impose a term or condition on an order made under subsection (8) that he or she
considers appropriate. (11) Where the request for a review under this
section relates to the speaker, the review shall be conducted by the deputy
speaker, and the references to speaker in subsections (1) to (10) shall be read
as references to the deputy speaker. Enforcement of Duties 53. (1) Where a person believes in good faith that a member,
the speaker, deputy speaker, clerk, clerk assistant or the commission is
failing to observe or comply with a duty imposed under this Act, he or she may begin
a proceeding in the Trial Division by way of originating application seeking a
mandatory order that the duty be complied with, together with consequential or
declaratory relief. (2) The claimant shall
make a demand for compliance with the alleged duty on the person or the
commission he or she alleges is required to perform that duty and allow a
reasonable time for compliance before beginning a proceeding in subsection (1). (3) A person who begins
a proceeding under subsection (1) shall not be denied standing on the basis
that he or she has no greater interest in the subject-matter of the application
than any other member of the public or that the Attorney General is not named
as a party by way of relator proceedings or otherwise. (4) A person who begins
a proceeding under subsection (1) shall serve a copy of the application on the
Attorney General and the Attorney General shall have the right to intervene and
be heard in the proceeding. (5) For the purpose
of a proceeding against the commission under this section, the commission shall
be considered to be a party capable of being sued in its own right. (6) An order as to
costs shall not be made against a person who unsuccessfully commences an
application under subsection (1) unless the court determines that the application
was not brought in good faith. PART VI Interpretation 54. (1) In this Part (a) "disclosure"
means a disclosure made in good faith by a member or an employee in accordance
with section 55; (b) "employee" means a member of the public service of the
province and includes an officer of the House of Assembly and a person employed
in the House of Assembly service or a statutory office; (c) "investigator"
means the citizen's representative appointed under the Citizen's Representative Act; (d) "reprisal"
means one or more of the following measures taken against an employee because
he or she has, in good faith, sought advice about making a disclosure, made a
disclosure or cooperated in an investigation under this Part: (i) a disciplinary measure, (ii) a demotion, (iii) termination of
employment, (iv) a measure that
adversely affects his or her employment or working conditions, or (v) a threat to
take a measure referred to in subparagraphs (i) to (iv); and (e) "wrongdoing", with respect to a member, the speaker, an
officer of the House of Assembly and persons employed in the House of Assembly service and the statutory offices, means (i) an act or omission constituting an offence under this Act, (ii) gross mismanagement, including of public money under the stewardship of the commission in violation or suspected violation of a code of conduct, (iii) failure to
disclose information required to be disclosed under this Act, or (iv) knowingly
directing or counseling a person to commit a wrongdoing described in
subparagraphs (i) to (iii). (2) Notwithstanding paragraph (1)(a), where a
disclosure referred to in subsection 55(1)
relates to the citizen's representative, the commissioner shall be the
investigator for the purpose of this Part. Disclosure of wrongdoing 55. (1) An employee or a member who reasonably believes that
he or she has information that could show that a wrongdoing has been committed
or is about to be committed may make a disclosure to his or her supervisor, the
clerk, a member of the audit committee chosen under paragraph 23(2)(b), or the investigator. (2) A disclosure
made under this section may be made orally or in writing and shall include, if
known (a) a description of the wrongdoing; (b) the name of the
person alleged to (i) have committed, or (ii) be about to
commit the wrongdoing; (c) the date of the wrongdoing; and (d) whether the
wrongdoing has already been disclosed and a response received. (3) An employee or
a member may make a disclosure even where another Act or regulation prohibits
disclosure of that information. (4) Notwithstanding
subsection (3), nothing in this Part authorizes the disclosure of information
that is protected by solicitor-client privilege. (5) Where a
disclosure involves personal or confidential information, the employee shall
take reasonable precautions to ensure that no more information is disclosed
than is necessary to make the disclosure. Confidentiality of Identity 56. The identity of a person making a disclosure shall be
kept confidential to the extent permitted by law and consistent with the need
to conduct a proper investigation. Referral for investigation 57. A person to whom a disclosure is made shall refer the
matter to the investigator for investigation. Investigation 58. (1) The investigator shall carry out investigations of
matters related to allegations in a disclosure made under this Part. (2) Upon receipt of
a referral the investigator shall, within 5 days, acknowledge to the person
making the disclosure that the referral has been received. (3) The investigation
of an allegation made in a disclosure shall be conducted as informally and
expeditiously as possible. (4) The investigator
shall ensure that the right to procedural fairness of all persons involved in
an investigation is respected, including a person making a disclosure,
witnesses and a person alleged to be responsible for wrongdoings. (5) An investigator
is not required to investigate a disclosure and may cease an investigation
where he or she is of the opinion that (a) the disclosure reveals allegations that are frivolous or vexatious or the disclosure has not been made in good faith; (b) the disclosure
does not provide adequate particulars about the alleged wrongdoing as required
under subsection 55(2); and (c) there is
another valid reason for not investigating the disclosure. (6) Where, during
an investigation, the investigator has reason to believe that another
wrongdoing has been committed, he or she may investigate that wrongdoing in
accordance with this Part. (7) Upon completing
an investigation, an investigator shall report, in writing, to the clerk and
the speaker on his or her findings and recommendations about the disclosure and
the wrongdoing. (8) Where the
matter being investigated involves the clerk, the investigator shall give a
copy of the report to the speaker. (9) Where the
matter being investigated involves the speaker, the investigator shall give a
copy of the report to the chairperson of the audit committee. (10) The speaker, or
the chairperson of the audit committee shall, if the report recommends
corrective action, (a) refer the report to the auditor general, the Attorney General, the Minister of Finance or other appropriate official to take appropriate action; or (b) refer the
report to the commission. No reprisal 59. (1) A person shall not take a reprisal against an employee
or direct that a reprisal be taken against an employee because the employee
has, in good faith, (a) sought advice about making a disclosure from his or her supervisor, the clerk, the speaker or a member of the audit committee; (b) made a disclosure; or (c) cooperated in
an investigation under this Part. (2) An employee or
former employee who alleges that a reprisal has been taken against him or her
may file a written complaint with the Labour Relations Board established under
the Labour Relations Act and that Act shall apply, with the necessary changes,
to the hearing and determination with respect to that complaint. Misleading statements and obstruction 60. (1) A person shall not (a) in making a disclosure; or (b) during an
investigation, orally or in writing, knowingly make
a false or misleading statement to a person to whom a disclosure has been made
or to the investigator. (2) A person shall
not wilfully obstruct a supervisor, the clerk, the speaker, the investigator or
another person acting for or on behalf of either of them or under his or her direction
in the performance of a duty under this Part. (3) A person shall
not, knowing that a document or thing is likely to be relevant to an
investigation under this Part, (a) destroy, mutilate or alter the document or thing; (b) falsify a document or make a false document; (c) conceal the document or thing; or (d) direct, counsel
or cause a person to do a thing mentioned in paragraphs (a) to (c). Offence 61. (1) A person who contravenes this Part is guilty of an
offence and is liable on summary conviction to a fine of not more than $10,000
or to imprisonment for up to 6 months. (2) A prosecution
under this section shall not be commenced more than 2 years after the date the
alleged offence was committed. Legal advice 62. Where a supervisor, the speaker, the clerk or the
investigator is of the opinion that it is necessary to further the purposes of
this Part, he or she may, in accordance with the rules, arrange for legal
advice to be provided to employees and members involved in a process or proceeding
under this Part. Limitations on civil remedies 63. A civil action or proceeding shall not be brought
against an employee, a supervisor, the speaker, the clerk or the investigator
or a person acting on behalf of or under the direction of either of them for a
thing done or not done in good faith relating to (a) the performance or intended performance of a duty under this Part; or (b) the exercise or
intended exercise of a power under this Part. PART Rules 64. (1) The commission may make rules (a) respecting
allowances, reimbursements, allowable expenses and other resources available to
members; (b) establishing
distinctions between member constituencies with respect to amounts and
entitlement; (c) establishing
limits and restrictions on amounts related to living, constituency and other
expenses, including distance traveled, daily rates, meal rates and other rates
payable by way of reimbursement or with respect to a claim of a member; (d) respecting
reimbursement and payment of member expenses and claims; (e) respecting the preparation and circulation of manuals, agendas, codes, briefing and other materials; (f) respecting the
forms and manner in which reimbursement of claims may be made; (g) respecting policies and procedures for proper financial management; (h) respecting
purposes, presumptions and principles underlying rules enacted by the
commission; (i) respecting member responsibility for finances, expenses, claims, liability and reimbursements; (j) respecting records to be
maintained and reports required of members, the commission, speaker, clerk and
staff of the House of Assembly service and the statutory offices; (k) respecting forms, receipts and other documentation required for monitoring claims, expenses, reimbursements and other payments; (l) respecting
eligibility for and prohibitions and restrictions related to expenses, claims,
reimbursements and other payments; (m) respecting
allocations of resources for office, employee, administrative and other
services for members; (n) respecting the
manner of engaging, regulating and paying for constituency assistants; and (o) respecting
another matter that the commission considers necessary or advisable to give
effect to the purpose of this Act. (2) Rules made
under this Act are subordinate legislation within the meaning of the Statutes and Subordinate Legislation Act. PART VIII Construing of Act 65. Unless otherwise expressly provided in this Act, this
Act shall not be construed as depriving the House of Assembly, a committee of
the House of Assembly or a member of a right, immunity, privilege or power that
the House of Assembly, committee or member might, but for this Act, have been
entitled to exercise or enjoy. Offence 66. A person having a duty to document decisions and
maintain records of the commission, the speaker, the clerk or staff member of
the House of Assembly service and a person who without lawful authority
destroys documentation recording decisions of the commission, the speaker or
the clerk, or the advice and deliberations leading up to those decisions, is
guilty of an offence and liable on summary conviction to a fine of not more
that $10,000 or to imprisonment up to 6 months. SNL2002 cA-1.1 Amdt. 67. (1) Paragraph 2(f) of the Access to Information and Protection of Privacy
Act is
amended (a) by deleting the word "or" immediately after subparagraph (iii); and (b) by adding immediately after subparagraph (iii) the following: (iii.1) in
the case of the House of Assembly the speaker and in the case of the statutory
offices as defined in the House of Assembly Accountability, Integrity and
Administration Act, the applicable officer of each statutory office, (2) Paragraph 2(p) of the Act is repealed and the following substituted: (p) "public
body" means (i) a department created under the Executive Council Act, or a branch of the executive government of the province, (ii) a corporation, the ownership of which, or a majority of the shares of which is vested in the Crown, (iii) a corporation,
commission or body, the majority of the members of which, or the majority of
members of the board of directors of which are appointed by an Act, the
Lieutenant-Governor in Council or a minister, (iv) a local public body, and (v) the House of
Assembly and statutory offices, as defined in the House of Assembly
Accountability, Integrity and Administration Act, and includes a body designated for
this purpose in the regulations made under section 73, but does
not include, (vi) the constituency
office of a member of the House of Assembly wherever located, (vii) the Trial
Division, the Court of Appeal or the (viii) a body listed
in the Schedule; (3) Paragraph 5(1)(c) of the Act is repealed and the following substituted: (c) a personal or
constituency record of a member of the House of Assembly, that is in the
possession or control of the member; (c.1) records of a
registered political party or caucus as defined in the House of
Assembly Accountability, Integrity and Administration Act; (4) The Act is amended by adding immediately after section 30 the
following: Disclosure of House of Assembly service and statutory office records 30.1 The Speaker of the House of Assembly or the officer
responsible for a statutory office shall refuse to disclose to an applicant information (a) where its non-disclosure
is required for the purpose of avoiding an infringement of the privileges of
the House of Assembly or a member of the House of Assembly; (b) that is advice
or a recommendation given to the speaker or the Clerk of the House of Assembly
or the House of Assembly Management Commission established under the House of
Assembly Accountability, Integrity and Administration Act that is not
required by law to be disclosed or placed in the minutes of the House of
Assembly Management Commission; and (c) in the case of
a statutory office as defined in the House of Assembly Accountability, Integrity and
Administration Act, records connected with the investigatory functions of
the statutory office. RSNL1990 cH-10 Amdt. 68. (1) Paragraphs 20(a), (a.1) and (a.2) of the House of Assembly Act are repealed and the
following substituted: (a) "code of conduct" means a code of conduct adopted by the
House of Assembly under subsection 35(1) of the House of Assembly
Accountability, Integrity and Administration Act; (a.1) "cohabiting
partner" means a person with whom a public office holder is living in a
conjugal relationship outside marriage; (a.2) "commissioner"
means the Commissioner for Legislative Standards referred to in section 34; (a.3) "excluded
private interest" means (i) an asset,
liability or financial interest of less than $10,000 in value, (ii) a source of
income of less than $10,000 a year, (iii) real property
that is used primarily for a residence or for recreation, (iv) personal
property used for transportation, household, educational, recreational, social
or aesthetic purposes, (v) cash on hand or
on deposit with a financial institution that is lawfully entitled to accept
deposits, (vi) fixed value
securities issued by a government or municipality in (vii) a registered
retirement savings plan, retirement or pension plan or employee benefit plan,
that is not self administered, (viii) an investment
in an open-ended mutual fund that has broadly based investments not limited to
one industry or one sector of the economy, (ix) a guaranteed
investment certificate or similar financial instrument, (x) an annuity,
life insurance policy or pension right, (xi) an asset,
liability or financial interest that is held (A) as executor,
administrator or trustee, or (B) by bequest or
inheritance, during the 12 months following the date it devolves, and (xii) an interest
certified by the commissioner as being an excluded private interest; (2) Subsection 34(1) of the Act is amended by deleting the words "of
Members' Interests" and substituting the words "for Legislative
Standards". (3) Subsection 40(1) of the Act is amended by adding immediately after the
word "Part" the words "or of a code of conduct". (4) Section 42 of the Act is amended by adding immediately after the word
"Part" wherever it occurs the words "or a code of conduct". (5) Subsection 45(1) of the Act is amended by adding immediately after the
word "Part" the words "or a code of conduct". (6) Subsection 48(1) of the Act is amended by adding immediately after the
word "Part" the words "or a code of conduct". RSNL1990 cS-27 Amdt. 69. (1) The Statutes and Subordinate Legislation Act is amended by deleting the
Part PART (2) Section 20 of the Act is repealed. (3) Subsection 21(2) of the Act is amended by deleting
the words "including the duties of law clerk". (4) Subsection 22(2) of the Act is repealed. General Amdt. 70. Where an Act refers to the "Commission of
Internal Economy" or the "Internal Economy Commission" the
references are struck out and replaced by "House of Assembly Management
Commission continued under section 18 of the House of Assembly Accountability, Integrity and Administration Act". Repeal 71. (1) The Clerk of the House of Assembly
Act is repealed. (2) The
Internal
Economy Commission Act is repealed. (3) Order
19 of the Standing Orders of the House of Assembly is repealed. Transitional 71.1 (1) The rules contained in the Schedule shall be treated for all purposes as if they had been made by the commission under section 64 and, to the extent necessary, to have been adopted by the House of Assembly under subsection 20(7). (2) Notwithstanding subsection (1), the rules
contained in the Schedule may be dealt with by the commission under section 64
as if they had been made by the commission. Commencement 72. (1) This Act shall come into force on the day the Royal Assent is given. (2) Notwithstanding
subsection (1), (a) sections 24, 31, 35 to 42, subsection 48(2) with respect to the Office of the Chief Electoral Officer, sections 53 and 67 come into force on October 9, 2007; and (b) paragraph 28(3)(h) as it applies to a
statutory office comes into force on (c) the Schedule comes
into force on Schedule RULES Analysis 1. Short title 2. Definitions PART
I 3. Purpose 4. Presumptions 5. Principles 6. Member responsibility 7. Restrictions on claims 8. Member personal liability PART
II 9. Records 10. Monthly reports 11. Statements 12. Public access to statements 13. Speaker requirements PART
14. Categories of allowances 15. Disagreement with speaker decision 16. Forms and documentation 17. Processing of claims PART
IV 18. Eligibility for office expenses 19. Eligibility for constituency office accommodation 20. Nature and location 21. Renting from self 22. Changing arrangements 23. Eligibility for space 24. Office operations, supplies and communications allowance PART
V 25. Standard office allocation 26. Support staff 27. Other resources PART
VI 28. Definitions 29. Principles 30. Types of travel and living allowance 31. Travel and living allowances: residence outside capital 32. Sessional travel and living allowances: residence within capital 33. Travel and living allowances: residence outside capital and constituency 34. No banking of weekly travel 35. Intersessional travel and living expenses: residence outside capital 36. Intersessional travel and living expenses: residence within capital 37. Intersessional travel and living expenses: residence outside capital and constituency 38. Intra constituency travel allowance 39. Extra constituency travel allowance 40. Modes of travel 41. Accommodation expenses 42. Restriction on meal allowance 43. Special circumstances 44. Budgetary requests PART
45. Committee allowance PART
VIII 46. Expenses related to constituency work 47. Prohibition Schedule Short title 1.
These rules may be cited as the Members'
Resources and Allowances Rules. Definitions 2.
In these rules (a) "Act" means the House of Assembly Accountability, Integrity and Administration Act; (b) "allowance" means a category of allowance referred to in section 14; (c)
"associated person" means
(i) a person who is not
at arm's length,
(ii) a related person, and
(iii) an associated corporation, within the meaning of the Income Tax Act ( (d) "capital region" means the area encompassing the following
electoral districts as described and delineated in the House of Assembly Act
as follows:
(i) Cape St. Francis, (ii) (iii)
(iv) Kilbride, (v)
(vi) Ferryland (North of Witless Bay Line), (vii) (viii) (ix) (x) (xi)
(xii) Signal Hill-Quidi Vidi,
(xiii) Topsail,
(xiv) Virginia Waters, and (xv) (e) "comptroller general" means the Comptroller General as
defined in the Financial Administration
Act; (f) "constituency business" means an activity directly
connected with a member's responsibilities as a member in relation to the
ordinary and proper representation of electors and their families and other
residents in the constituency, but does not include partisan political
activities; (g) "direct",
"directed" and "directive" mean a direction or directive
made by the commission in accordance with the Act; and (h) "House",
unless the context indicates otherwise, means the House of Assembly service as that phrase is understood in
the House of Assembly Accountability, Integrity and Administration Act. PART I Purpose 3.
The purpose of these rules is (a) to provide resources to members to assist them to fulfill
their public duties and responsibilities as members of the House, for the
benefit of the residents of the province; (b) to promote accountability in, and transparency with respect
to, the expenditure of public funds; and (c) to facilitate public understanding of the use of public
funds in fulfillment of members' obligations. Presumptions 4.
(1) Where the
commission makes a direction or requires an action, that direction or
requirement shall be made in writing or evidenced by written minutes of the
proceedings or decision of the commission. (2) The
clerk may establish the forms necessary for the purposes of the implementation
of these rules. (3) Notwithstanding
subsection (2), the commission may by directive, establish forms necessary for
the implementation of these rules. (4) Where
in these rules an expense claim is permitted, that claim shall be made for the
time and amount permitted under these rules or as directed or limited by the
commission. (5) Where
the clerk or speaker makes a ruling that approves additional expenditures
greater than that authorized under these rules the clerk or speaker shall
report his or her approval at the next meeting of the commission and a notation
of that approval shall be recorded in the minutes of the commission. Principles 5.
(1) All claims and invoices submitted by
or on behalf of a member or to provide resources to a member and all payments
and reimbursements made under these rules shall (a) be submitted and made in accordance with the purpose and
intent of the Act and these rules; (b) be submitted by or on behalf of a member and made only if,
and in a manner that does not call into question the integrity of the member
and the House; (c) be documented and supported in accordance with sound financial
management principles; (d) not relate to partisan political activities; and (e) shall not relate to a personal benefit to a member or an associated
person of a member. (2) The
clerk and all staff of the House shall, subject to directives and approval of
the commission, develop and maintain proper administrative and financial
policies and procedures with respect to documentation to be provided in support
of claims and invoices submitted for reimbursement or payment, and the clerk shall
include those policies and procedures in the manual. (3) The
commission shall periodically, and at least once every year, review the
adequacy of the policies and procedures being applied by the clerk and staff of
the House and may direct changes that it considers appropriate to those
policies and procedures to improve controls and accountability. Member responsibility 6.
(1) A member
making or incurring an expenditure is the person responsible for compliance
with requirements for claims, payments and reimbursements of expenses under the
Act and these rules. (2) A
member is not relieved of his or her responsibility under subsection (1) either
because he or she has delegated that responsibility to a constituency assistant
or another person or because a claim has been accepted for payment by an
official of the House or has been paid by the comptroller general. (3) A
member may be required to certify to the clerk, the commission or an auditor of
the House that an expense that he or she is claiming or has claimed payment or
reimbursement for has been actually incurred in compliance with the Act, these
rules and directives of the commission. (4) A
member is responsible for maintaining appropriate records, operating his or her
constituency office and engaging and training support staff in a manner that
will facilitate compliance with the Act, the rules, directives and the manual. (5) A
member who is entitled to claim reimbursement under the Act and these rules for
expenses or for daily amounts or mileage in accordance with policies relating
to ministers, parliamentary assistants or other officers who, (a) engages in activity; or (b) travels in circumstances, where the activity or travel relates both to
constituency business and business governed by those policies, shall prorate
the claim based on the proportion of time spent on constituency business. Restrictions on claims 7.
(1) Allowances allocated to a member may
be expended by that member during a fiscal year. (2) A
claim against an allowance for a payment or reimbursement shall be made in
respect of the fiscal year in which the expenditure was made or incurred, and
shall be submitted and received by the clerk not more than 30 days after the
end of that fiscal year. (3) An expenditure shall be considered to
have been made or incurred when the goods and services to which that
expenditure relates have been received. (4) An
unused balance of an allowance of a member at the end of a fiscal year may not
be carried over for use in the following fiscal year. (5) A
purported expenditure or commitment to an expenditure by a member that exceeds
the maximum allowed for that category of expenditure shall not be carried
forward and reimbursed or paid from an allowance available in the next fiscal
year unless it amounts to a precommitment of
expenditure in a future fiscal year that is authorized by a directive or in
accordance with a minute of the proceedings of the commission. (6) A
claim against an allowance for payment or reimbursement shall not be made more
than 60 days after the date on which the expenditure was made. Member personal liability 8.
(1) Where a member makes an expenditure or
a commitment to an expenditure that exceeds the maximum allowed for that
category of expenditure in a fiscal year, he or she shall be personally
responsible for payment of that expenditure unless it amounts to a
pre-commitment of expenditure in a future fiscal year that is authorized by
directive or minute of the commission. (2) Where
through inadvertence or otherwise a claim made by a member is paid from public
funds and it is discovered that the claim should not have been paid or honoured because it was in excess of the maximum allowed
for that category of expenditure, the member is liable for repayment of that
amount to the extent of the excess and shall, upon request by the comptroller
general, immediately pay that excess amount to the Consolidated Revenue Fund.
PART II Records 9.
(1) A member shall keep records of all
(a) expenditures made or committed; and (b) claims made against allowances, by him or her, together with copies of supporting
documents for those expenditures and claims. (2) A
member shall make the records referred to in subsection (1) available for
inspection and copying by the speaker, the auditor general another auditor
employed by the commission on behalf of the House and the comptroller general. Monthly reports 10.
(1) Before the twenty-first day of each
month, the clerk shall prepare and provide to each member a written report
outlining for the preceding month (a) reimbursements made to the member; and (b) payments made on the member's behalf, together with (c) a statement highlighting the total amount spent by the member
during the current fiscal year in each category of allowance; and (d) the amount in each category that remains unspent or uncommitted
for the current fiscal year. (2) The
clerk shall advise the speaker and a member whenever the amount spent by that
member, expressed as a percentage of the total allowable allowance permitted
for that year, is an amount that is in excess of more than 10% of the amount
permitted for the portion of the fiscal year that has elapsed and the allowance
amount permitted for the fiscal year shall be considered to be allocated in equal
monthly amounts throughout that year. (3) An
electronic system accessible by a member from which he or she may obtain the
information required under subsection (1) shall be considered to satisfy the
requirements of that subsection. Statements 11.
(1) Twice in each fiscal year the clerk
shall prepare a statement summarizing by category of expenditure the amounts
paid in respect of which claims were made and paid against the allowances that
each member is entitled to access. (2) The
clerk shall provide each statement prepared under subsection (1) to the member
to whom the statement relates for review and approval by that member. (3) Within
21 days of receipt of a statement under this section, a member shall sign the
statement acknowledging its accuracy or may state in writing to the speaker
objections that he or she has with respect to its accuracy. (4) Failure
to respond to the statement within the time specified under subsection (3)
shall be considered to be an acceptance by the member of its accuracy. (5) A
statement prepared under this section that is sent by ordinary mail shall be
considered to have been received 5 days after its date of posting. Public access to statements 12. (1) After the expiration of 21 days
referred to in subsection
11(3), a member shall (a) file
a copy of the statement, together with any objection in response and that copy
shall be kept on file in his or her constituency office, or in his or her
residence in the constituency if the member does not maintain a constituency
office; and (b) make a copy of the statement and any objection available for
inspection by any person within a reasonable time of receiving the request for
inspection. (2) Notwithstanding
subsections (1) and 11(1), the clerk may, for the purpose of public access
under section
13, have the name of a payee in respect of whom a
claim or payment is made or other information that could reasonably be said to
identify a payee, suppressed from a statement where, in the opinion of the
speaker, the privacy interest of a person who is not a member outweighs the
interest of the public in having full and complete disclosure of a member's use
of public funds. Speaker requirements 13. (1) The clerk shall maintain and file a
copy of statements prepared under section 11, and
objections in response, in the office of the speaker and shall make them
available for inspection by persons within a reasonable time after the making
of the request for inspection. (2) The
clerk shall post for public access and inspection a copy of each statement and
objections, on a website maintained and operated by or on behalf of the office
of the speaker. (3) A
statement prepared under section 11 need not be
maintained by the member or the clerk for public inspection after 5 years
following the end of the fiscal year to which the statement relates. PART Categories of allowances 14.
(1) A member may claim from public monies
payment or reimbursement against the following categories of allowances: (a) office allowances; (b) operational resources; (c) travel and living allowances; and (d) constituency allowances. (2) Unused
portions of an allowance in a fiscal year shall not be transferred to another
allowance for use by the member in respect of the type of expenditures
contemplated for that other allowance. (3) An
allowance provided for in these rules shall include harmonized sales tax as
defined in the agreement of the Tax Agreement Act and other taxes
imposed on the sale or use of goods and services by the government of the
province or of Disagreement with speaker decision 15. (1) Except in
circumstances referred to in sections 24 and
52 of the Act, a member who is dissatisfied with a decision of the clerk
made under these rules may appeal that decision to the commission. (2) A
decision of the commission with respect to an appeal under subsection (1) shall
be made not more than 45 days after receipt of the member's appeal by the
commission, is final and the decision and reasons for that decision shall be recorded
in the minutes of the commission. (3) The
commission shall determine and direct the procedure to be followed for dealing
with an appeal contemplated under this section. Forms and documentation 16.
(1) A member shall claim payment or
reimbursement in respect of an allowance in the manner and on the forms
prescribed by the clerk or as directed by the commission. (2) A
form prescribed by the commission shall contain a provision whereby the member
shall be required personally to certify that the expenses to which the claim
relates were actually incurred in compliance with the Act, these rules and
applicable directives of the commission. (3) A
member's claim shall not be paid unless, in the opinion of the clerk, there is
sufficient documentation supplied verifying that each
expenditure of the member was incurred. (4) A
member's claim, except a daily allowance or mileage claim,
shall not be paid unless it is supported by the original invoice together with
the instrument evidencing payment, such as a credit card voucher or
notification, debit card voucher, cancelled cheque or
cash receipt. (5) Where
an original document is unavailable, a copy, photocopy, faxed copy or statement
itemizing the expenditure may be accepted by the clerk upon provision of an
explanation, in writing, for the absence of the original. Processing of claims 17.
The clerk shall ensure that the processing of
member claims, including their acceptance, verification and approval for payment
under these rules is undertaken in accordance with proper principles of internal
control. PART IV Eligibility for office expenses 18.
(1) A member may seek reimbursement or
have payment made on his or her behalf, for the provision of office expenses in
order to conduct his or her constituency business. (2) The
maximum allowance available to a member for each category of office expenses is
as follows: (a) constituency office accommodation allowance, $7,000; and (b) office operations and supplies allowance, $15,000. (3) Notwithstanding
the limits imposed under paragraph (2)(a), the speaker may, on application in
writing by a member, authorize that member to exceed his or her maximum
constituency office accommodation allowance where the speaker determines that
suitable accommodation cannot be obtained at a cost equal to or less than the
allowed maximum. (4) Where
the speaker makes a decision under subsection (3), to authorize an increased
allowance, he or she shall, in writing, report that decision to the next
meeting of the commission together with the reasons for that decision and that
information shall be recorded in the minutes of the commission meeting. Eligibility for constituency office accommodation 19. (1) The constituency office accommodation
allowance referred to in paragraph 18(2)(a) includes accommodation expenses related to the rental
of permanent or temporary offices such as (a) rent; (b) utilities; (c) taxes; (d) insurance; (e) security; (f) janitorial services; and (g) signage identifying the office as the member's constituency
office without any reference to a political party. (2) A
member, who is unable to establish and operate an office to adequately serve
his or her constituents, may claim expenses for the rental of meeting rooms. (3) A
member shall not use a constituency office to further partisan political
activities. (4) Following
a general election or by-election, a new member who was not a member in the
preceding session of the House of Assembly
is, in addition to the constituency office accommodation allowance, entitled to
claim amounts associated with the start-up of the member's office in an amount
of not more than $1,000 to defray expenses as may be specified by the
commission. Nature and location 20.
(1) Office accommodation to which a member
is entitled shall consist of space to provide: (a) a private office for the member; (b) space for a constituency assistant; and (c) a waiting area for that office. (2) A
member shall be provided with office accommodation in the (3) The
quality and size of office accommodation in the (4) A
member who chooses to have his or her constituency assistant work in the (5) In
addition to choosing office accommodation in the (a) office space in the member's constituency; (b) instead
of an office in a specific location, the rental of shortterm
accommodation in one or more locations in the member's constituency from time
to time to facilitate the travel of the member throughout the district to meet
with residents on constituency issues; (c) subject to the limitations in subsection 21(2), operate an office in his or her residence in, or within commuting
distance of the constituency; or (d) if he or she is a minister, a parliamentary assistant or a
special assistant to a minister, operate a constituency office in the building
or department where his or her ministerial or assistant's office is located. (6) Notwithstanding
paragraph (5)(a) or (d), where a member chooses office
accommodation in the member's constituency in a Crown-owned building or in a
building where his or her ministerial or assistant's office is located, the
member may not access the constituency office accommodation allowance. (7) A
member who represents a constituency that is wholly outside the capital region
may rent short-term accommodation in one or more locations in the member's
constituency from time to time, up to a maximum of $750 annually to facilitate
the travel of the member throughout the district to meet with residents on
constituency issues. (8) Where
choosing office accommodation in a member's constituency under paragraph (5)(a), a member shall (a) not make rental or lease commitments without prior approval
of the speaker; (b) where accommodation, suitable in size, quality and location
to the member, can be obtained in a Crown-owned building in the constituency,
choose that space; and (c) where accommodation referred to in paragraph (b) cannot be obtained,
the member shall
(i) decide in
which community in the constituency his or her office will be located,
(ii) where possible, propose 3 possible commercial
spaces, ranked in order of preference with supporting reasons, to the clerk,
(iii) where the member cannot propose 3 possible
commercial spaces, he or she shall provide the reasons, in writing, to the
clerk,
(iv) include with the proposal documentation
from the landlord indicating the total monthly cost, including utilities,
taxes, insurance, security and janitorial services, and
(v) stipulate that the lease will be on terms
acceptable to the Office of the Speaker and in particular shall stipulate that
the lease shall be terminable at or before the expected date for the next
general election. (9) Following
consultation with the member, the speaker shall approve one of the proposed
choices provided in subsection (5) provided it is within the limits stipulated
in this section and section
19. (10) Where
the clerk approves a member's request for a constituency office rental, a
contract shall be prepared between "Her Majesty the Queen in Right of the
Province of the Newfoundland and Labrador, herein
represented by the Honourable the Speaker of the House of Assembly" and the owner
of the office space and the cost of that preparation shall, unless stipulated
otherwise by the speaker in exceptional cases, be paid directly by the House of Assembly in accordance with
the approved office lease. (11) Notwithstanding
section
22, following a by-election, a new member who was
not a member in the preceding session of the House shall utilize the previous
members' constituency office until the next general election unless that office
was in the former member's home or a community in which the new member does not
reside. Renting from self 21.
(1) A lease of office accommodation shall
not be entered into with a landlord who is an associated person. (2) Notwithstanding
subsection (1), a member may operate a constituency office from his or her
residence in his or her constituency but in that event, is not entitled to
claim reimbursement for provision of those accommodation
except for the creation and erection of a sign identifying the constituency
office. Changing arrangements 22. Where a member chooses accommodation under subsection
20(5), he or she may elect to use a different
accommodation arrangement provided he or she is able to withdraw from an
existing lease arrangement without penalty or cost to the Crown or without
having to give more than two month's notice or payment of rent. Eligibility for space 23. (1) Where a
member has chosen office accommodation in the (2) Where
a member has chosen to have his or her constituency assistant work in office
accommodation in the member's constituency or in the member's ministerial or
parliamentary or special assistant's offices, the speaker shall provide funding
to the caucus with which the member is associated to provide shared secretarial
assistance in the Confederation Building complex for all members of that caucus
in the same circumstances. (3) The
cost of providing shared secretarial assistance, telephone, computer and
secretarial services and associated operational costs shall be a part of the
estimates of the House of Assembly
and paid for out of the funds allocated for its operations. Office operations, supplies and communications allowance 24.
A member may claim against the office operations
and supplies allowance for reimbursement to cover operational costs of
operating a constituency office including (a) office supplies; (b) printing; (c) photocopies; (d) newspapers; (e) answering services; (f) staff professional development; (g) courier services and postage; (h) database maintenance; (i) advertising, including constituency office
hours, contact telephone numbers for the member, email addresses, notices of
constituency meetings, and advertising messages of welcome or congratulation; (j) greeting, Christmas, sympathy or other
similar cards to be sent to constituents and others relating to the member's constituency
work; and (k) those other items identified and directed by the commission. PART V Standard office allocation 25.
(1) A member is
entitled to office furniture, equipment and services for his or her
constituency office based on a standard office allocation approved by directive
of the commission and may include (a) an office furniture and equipment package; (b) artwork from the Government procurement program; (c) telephone and facsimile services; (d) a computer or laptop computer; (e) personal data communication services; (f) photocopier, printer and scanner services; (g) internet services; and (h) other items that may be identified and approved by a directive
of the commission. (2) All
purchases within the standard office allocation remain the property of the
government of the province and shall be identified by appropriate markings as
House assets. (3) A
member shall not personally fund, in whole or in part, the purchase of House
assets. (4) The
clerk shall maintain and update an inventory report of all House assets
entrusted to each member. (5) A
member is personally responsible for all items in an inventory and shall
account on an annual basis or on demand to the speaker for the items listed in
his or her inventory report. (6) A
member shall not dispose of or purport to dispose of a House asset. (7) Where
a member wishes to dispose of a House asset or have it written off, he or she
shall submit a request to the clerk identifying the item and stating the reason
for the request. (8) The
clerk shall consult with the Government Purchasing Agency to determine whether
the item should be disposed of or written off and the member having that item
shall return it to the House for disposal or otherwise comply with the clerk's
directions, at which time the item will be removed from the member's inventory. (9) A
new member shall utilize the furniture, furnishings and equipment provided to
the outgoing member for that constituency. (10) Where
a member wishes to have a House asset replaced from the outgoing member's
standard office allocation, he or she shall submit a request to the clerk
identifying the item and stating the reason for the request and the clerk shall
consult with the Government Purchasing Agency to determine whether the asset
should be replaced. (11) Where
an asset is to be replaced the member shall return it to the House for disposal
or otherwise comply with the clerk's directions, whereupon he or she shall be
provided with a replacement item. (12) Arrangements
for the hook-up of constituency fax lines, telephone lines and telephone
directory advertising shall be made by or under the direction of the clerk. Support staff 26.
(1) A member is entitled to engage the
services of one constituency assistant. (2) The
salaries and benefits for constituency assistants shall be set by directive of
the commission and unless otherwise contrary to law or a directive of the
commission the member may set the terms and conditions of employment. (3) An
employment contract of a constituency assistant shall be between the
constituency assistant and "Her Majesty the Queen in Right of the Province
of the (4) Expenses
related to constituency assistant salaries and benefits shall be paid directly
to constituency employees by the office of the speaker. (5) Where
a member considers it necessary to engage a temporary replacement for a
constituency assistant due to vacation, illness or other absence of the regular
assistant that the speaker considers acceptable the member may, with the
consent of the speaker, engage a temporary replacement, and the costs
associated with that engagement shall be reimbursed by the office of the
speaker to the member. Other resources 27.
(1) Subject to descriptions, limitations
and directions respecting standardization that the commission may direct, a
member is entitled to be supplied from the House with the following: (a) certificate folders and frames for certificates of recognition
to be given by members to their constituents; (b) promotional items such as pins and flags for distribution to
constituents and others in the course of their duties; and (c) stationary
for his or her constituency office including business cards, letterhead and
other items as directed by the commission. (2) The
clerk shall, in consultation with a member, make resources referred to in this
section available to the member as may be required. (3) The
cost of resources in this section shall be made part of the estimates of the House of Assembly and paid for out of
the funds allocated for its operations. PART VI Definitions 28. In this Part (a) "commuting distance" means 60 kilometres
or less; (b) "constituency
business" means an activity directly connected with a member's responsibilities
as a member in relation to the ordinary and proper representation of electors
and their families and other residents in the constituency, but does not
include partisan political activities; (c) "in
session" in relation to the House
of Assembly means the period of time between the day prior to the
commencement of a sitting of the House
of Assembly and the day following an adjournment, where the period of
adjournment is greater than 7 days; (d) "permanent residence" means the place that a member declares
in an affidavit to the speaker is
(i) the place where a
member in fact resides on a settled basis with his or her family, or
(ii) where there is no single place where the
member resides on a settled basis, the place that the member otherwise regards
as his or her permanent residence, and does not include a seasonal or recreational
dwelling or cabin; (e) "private
accommodation" means accommodation owned or maintained by a person other
than the member, the member's spouse or children and which may be used by the
member when travelling; (f) "secondary residence" means a
residence that is not a permanent residence but is owned or leased by the
member and is available for occupancy by the member but does not include a
seasonal or recreational dwelling or cabin; and (g) "temporary accommodation" means short-term, temporary or
transient accommodation such as a hotel, motel, bed and breakfast or boarding
house. Principles 29.
(1) A member may claim for a travel and
living allowance only where the member (a) is engaged in constituency business; and (b) is outside of commuting distance of the member's permanent
residence. (2) Entitlement
to claim a particular type of travel and living allowance and the extent of
that claim is affected by (a) whether the member's permanent residence is located in
(i) the member's
constituency,
(ii) another constituency outside the capital region,
or
(iii) the capital region; (b) whether or not the House
of Assembly is in session; and (c) whether the member maintains a secondary residence. (3) For
the purpose of these rules, a member may operate and maintain only one
permanent residence but a member may operate and maintain a secondary
residence. (4) Where
a member changes a permanent residence or a secondary residence, the member
shall immediately notify the speaker by way of affidavit of that change. (5) A
member shall not claim reimbursement for a travel or a living allowance
relating to travel from his or her permanent residence to the (6) A
member shall not claim reimbursement for a travel or a living allowance
relating to travel from his or her permanent residence to his or her
constituency where the permanent residence is outside the constituency but
within commuting distance of the constituency. (7) On
a day when a member may claim a meal allowance while on constituency business,
but only a portion of that day is spent on constituency business, his or her daily
meal allowance shall be prorated in a manner established by a directive of the
commission. (8) When
traveling, a member may avail of temporary accommodation or may stay in a
secondary residence or in private accommodation. Types of travel and living allowance 30.
A member may claim reimbursement for travel and
associated accommodation and meal costs related to travel (a) between
his or her constituency or permanent residence and the Confederation Building
complex to attend sittings of the House
of Assembly and to attend to constituency business and other duties of the
member that may require his or her presence in the capital region; (b) between his or her permanent residence, where that residence
is not located in the constituency, and his or her constituency, where that
constituency is located outside the capital region; (c) within his or her constituency to attend to constituency business; (d) between his or her constituency or the capital region and
another constituency outside the capital region in relation to matters
affecting his or her constituency; (e) to attend conferences and training courses relating to his
or her member responsibilities; (f) to and from other parts of (g) for travel of his or her constituency assistant where it is
necessary to attend to constituency business. Travel and living allowances: residence outside capital 31.
(1) A member who travels from his or her
permanent residence outside the capital region to temporary accommodation or a
secondary residence in the capital region to attend a sitting of the House of Assembly may claim
reimbursement for the following costs: (a) for each week or part of the week that the House of Assembly is in session the
actual transportation cost of one return trip; (b) for each day that the House
of Assembly is in session, either,
(i) the actual cost of
temporary accommodation, with receipts, up to a maximum of $125 a night for
every night the accommodations are actually occupied by the member, or
(ii) daily amount, without receipts, of $25
when staying in private accommodation; and (c) for each day that the House
of Assembly is in session, a daily amount of $50, without receipts, as a
contribution to the cost of meals. (2) Where
a member makes a claim for travel under paragraph (1)(a) or under paragraph
35(a) to return to his or her permanent residence or to his or her
constituency, the member is not entitled to claim under paragraph (1)(b) or (c)
for the days associated with that travel. Sessional travel and living allowances: residence within capital 32.
(1) Where a
member travels from his or her permanent residence that is within the capital
region to attend a sitting of the House
of Assembly that member is not entitled to claim reimbursement for that
travel or for accommodation or meals associated with that travel. (2) A
member who maintains a permanent residence within the capital region but
represents a constituency outside the capital region may claim reimbursement
for the following costs while the House
of Assembly is in session: (a) for each week or part of a week that the House of Assembly is in session, the
actual transportation cost of one return trip to his or her constituency to
attend to constituency business; (b) for a maximum of 3 nights during a trip, either
(i) the actual cost of
temporary accommodation in the constituency up to a maximum of $125 a night
actually spent in the constituency, or
(ii) without receipts, a daily amount of $25
when staying in private accommodation; and (c) without receipts, a daily amount of $50, as a contribution
to the cost of meals. Travel and living allowances: residence outside capital and constituency 33. A member who maintains a permanent residence
outside the capital region in a location that is not in his or her constituency
and the constituency is outside the capital region may, in addition to claiming
reimbursement under subsection 31(1), claim
reimbursement for the following additional costs while the House of Assembly is in session: (a) for
each week or part of a week that the House
of Assembly is in session, the actual transportation cost of one return
trip to his or her constituency from either the capital region or from his or
her permanent residence, whichever is the shorter distance, to attend to
constituency business; (b) for a maximum of three nights during a trip, either
(i) the actual cost of
temporary accommodation, with receipts, in the constituency up to a maximum of
$125 a night actually spent in the constituency, or
(ii) a daily amount, without receipts, of $25
when staying in private accommodation; and (c) without receipts, a daily amount of $50, as a contribution
to the cost of meals. No banking of weekly travel 34. Where a member does not travel under paragraph
31(1)(a), 32(2)(a) or 33(a) in respect of a
particular week, the entitlement to claim for that week ceases. Intersessional travel and living expenses: residence outside
capital 35.
A member who travels from his or her permanent
residence that is outside the capital region to the capital region when the House of Assembly is not in session to
attend to constituency business or other duties may claim reimbursement for the
following costs: (a) the actual transportation cost of not more than 20 return
trips per year; (b) the actual cost of 35 nights of either
(i) with receipts,
temporary accommodation in the capital region of $125 a night for every night
the accommodations are actually occupied by the member, or
(ii) a daily amount, without receipts, of $25,
when staying in private accommodation; and (c) without receipts, a daily amount of $50 as a contribution to
the cost of meals. Intersessional travel and living expenses: residence within
capital 36.
(1) A member who
maintains a permanent residence within the capital region is not entitled to
claim for accommodation or meals while attending constituency business in the
capital region. (2) A
member who maintains a permanent residence within the capital region but
represents a constituency outside the capital region may claim reimbursement
for the following travel and accommodation costs to and from his or her
constituency when the House of Assembly
is not in session: (a) the actual transportation cost of not more than 20 return
trips per year; (b) the actual cost of 35 nights of either
(i) temporary
accommodation, with receipts, in the constituency up to maximum of $125 a night
for each night actually spent in the constituency, or
(ii) without receipts, a daily amount of $25
when staying in private accommodation; and (c) without receipts, a daily amount of $50 as contribution to
the cost of meals. Intersessional travel and living expenses: residence outside
capital and constituency 37. A member who maintains a permanent residence outside
the capital region in a location not in the member's constituency and outside
commuting distance of that constituency where that constituency is outside the
capital region may, in addition to claiming reimbursement under section
35, claim reimbursement relating to travel and accommodation between his
or her permanent residence and constituency for the following additional costs
when the House of Assembly is not in
session: (a) the actual transportation cost of up to 20 return trips
between his or her permanent residence and his or her constituency, per year; (b) the actual cost of 35 nights of either
(i) with receipts,
temporary accommodation in the constituency up to a maximum of $125 per night
for every night the accommodations are actually occupied by that member, or
(ii) without receipts, a daily amount of $25
when staying in private accommodation; and (c) without receipts, a daily amount of $50, as a contribution
towards meals. Intra constituency travel allowance 38.
(1) A member may be reimbursed in
accordance with this section for reasonable travel, accommodation and meal
expenses incurred while acting on constituency business within his or her
constituency. (2) The
allowance provided for in this section may include (a) the
cost of transportation by motor vehicle, all-terrain vehicle, boat, snowmobile,
fixed wing aircraft or helicopter, in accordance with section 40; (b) the
actual cost of temporary accommodation, with receipts, up to a maximum of $125
a night, or a daily amount, without receipts, of $25 when staying in private
accommodation; and (c) a daily amount of $50, without receipts, as a contribution
to the cost of meals. (3) The
maximum amount in respect of an electoral district for which a member who represents
that district may claim in a fiscal year for intra-constituency travel is the
amount set out in the Schedule. Extra constituency travel allowance 39. (1) A member may be reimbursed in
accordance with this section for reasonable travel, accommodation and meal
expenses incurred with respect to circumstances referred to in paragraphs
30(d), (e), (f) and (g). (2) The
maximum amount that a member may claim in a fiscal year for extra-constituency
travel is the amount unexpended on intraconstituency
travel under section
38. Modes of travel 40.
(1) A member may travel by means of (a) his or her own motor vehicle; (b) a rental vehicle; (c) commercial scheduled fixed wing aircraft; (d) bus transportation; and (e) ferry transportation. (2) Where
a member proposes to travel by means other than the means mentioned in
subsection (1), the member shall first make a proposal in writing to the
speaker outlining the nature of the travel, the reasons for that travel, the
details of the proposed engagement of the mode of travel and its estimated
costs, and if the speaker is of the opinion that it is a reasonable expenditure
to enable the member to fulfill his or her duties to constituents and there is
sufficient money available within the existing travel budget of the House of Assembly, the speaker may
approve the proposal subject to conditions that he or she considers reasonable
in the circumstances. (3) A
decision of the speaker under subsection (2) shall be reported at the next
meeting of the commission and recorded in the minutes of the commission. (4) Subject
to subsection
29(5), where a member whose constituency is in
the capital region travels by his or her own vehicle, he or she may claim
reimbursement for the number of kilometres reasonably
necessary to accomplish the travel objectives multiplied by the rate per kilometre payable to government employees. (5) Subject
to subsection
29(6), where a member whose constituency is
outside the capital region travels by his or her own vehicle, he or she may
claim reimbursement for the number of kilometres reasonably
necessary to accomplish the travel objectives multiplied by the rates per kilometre payable to government employees who are required
to use private vehicles as a condition of employment rate. (6) The
member for the electoral district of Cartwright-L'Anse au Clair and the members
of those other electoral districts as may be designated by directive of the
commission are entitled, on filing an affidavit with the speaker verifying that
the member has travelled in her or his private
vehicle in excess of 5,000 kilometres on unpaved
roads on constituency business, to payment of a sum of $1,000 annually to be
paid toward deterioration of the vehicle. (7) Where
a member travels by his or her own vehicle, he or she shall at all times
maintain a vehicle travel log in which he or she shall record the dates and
destinations of a trip, the number of kilometers actually and reasonably
traveled in connection with the trip, and in the case of members referred to in
subsection (6) the number of kilometers traveled on unpaved roads. (8) A
member shall make his or her vehicle travel log available for inspection by the
clerk, the speaker, the commission and an auditor appointed by the commission
within the 3 year period following the date when a particular trip was
undertaken. (9) Where
a member travels by rental vehicle or commercial scheduled fixed wing aircraft,
the member may claim reimbursement for the actual cost provided it does not
exceed the actual cost of a full fare economy ticket. (10) Where
a member travels by rental vehicle for more than 15 consecutive days, the
member shall first obtain the approval of the clerk who shall report his or her
approval at the next meeting of the commission and a notation of that approval
shall be recorded in the minutes of the commission. (11) Where
a member travels by bus, he or she may claim reimbursement for the actual cost
of the trip provided that it does not exceed the cost of a full fare economy
air fare. Accommodation expenses 41.
(1) Where a member claims expenses related
to temporary accommodation, those expenses may include (a) room charges; (b) long distance telephone and internet charges related to constituency
business; (c) overnight parking fees; (d) incidental hotel, motel, bed and breakfast or boarding house
charges; and (e) those other items that may be specified by a directive of
the commission. (2) Where
a member claims expenses relating to a stay in a secondary residence those
expenses may include (a) rent and associated charges; (b) condominium common area expenses; (c) mortgage interest; (d) utilities; (e) telephone and internet services; (f) furniture rental; (g) parking charges; and (h) those other items that may be directed by the commission. (3) For
the purpose of making a claim under subsection (2), a member may estimate the
costs that he or she considers to be reasonable on an annual basis for the
determination of a pro-rated daily amount as the basis of his or her claim and
submit them to the clerk for approval. (4) The
clerk may, before approving the costs under subsection (3), require the member
to provide further documentation in support of the estimates. Restriction on meal allowance 42. Where a member makes a claim pursuant to subsection
46(3) relating to meal expenses, the member shall
not claim any daily meal allowance under this Part in respect of the same day, Special circumstances 43.
(1) Where it is unsafe or otherwise
impractical for a member who is traveling to return to his or her permanent
residence when scheduled to do so and when he or she would not otherwise be
entitled to claim reimbursement for accommodations and meals under this Part,
the member is entitled to claim for additional expenses at the same rates and
under the same circumstances that relate to the original travel. (2) A
member shall contact the clerk or the speaker before incurring
the additional expenses contemplated by this section, explain the reason
for and estimated amount of the additional expenses and obtain the approval of
the speaker for that expenditure and that approval shall not be unreasonably
withheld. (3) Notwithstanding
subsection (2), where a member has been unable to contact the clerk or the
speaker before incurring an expense, the member shall at the earliest
reasonable opportunity notify the speaker of the incurring of the expense. (4) The
speaker shall, in writing, report the nature and amount of additional
expenditures incurred under this section, together with the reasons for those expenditures
to the next meeting of the commission and that information shall be recorded in
the minutes of the meeting. Budgetary requests 44.
(1) A member shall, on or before a date in
each year prescribed by the speaker submit an estimate of the amount of money
that the member reasonably estimates will be required by him or her for travel
in the following fiscal year. (2) An
estimate submitted under subsection (1) shall be provided to the clerk in the
form that he or she may require. (3) In
preparing the estimates of the House of
Assembly under section 26 of the Act the speaker shall take account of the
estimates submitted by the member under subsection (1) but the commission may
vary those estimates if in its opinion the amount is not appropriate. (4) The
clerk may issue guidelines for members with respect to the matters to be dealt
with, and the manner of presentation of those matters, in the preparation of
the estimates under subsection (1). PART Committee allowance 45.
(1) A member who is a member of a Standing
or Special Committee of the House of
Assembly, or the commission, may claim for expenses related to attendance
at a committee or a commission meeting when that meeting is held during an intersessional period. (2) Expenses
claimed by a member under subsection (1) shall be approved by the Speaker
before that expense is reimbursed to the member. PART VIII Expenses related to constituency work 46.
(1) A member is entitled to be reimbursed
for his or her constituency expenses necessarily incurred by that member to
carry out his or her constituency business. (2) The
maximum amount in respect of each electoral district for which the member from
that electoral district may be reimbursed from the constituency allowance in
each fiscal year shall not exceed $3,000. (3) The
following expenses necessarily incurred by a member to carry out his or her
constituency business may be reimbursed: (a) meals
or the bulk purchase of food, non-alcoholic beverages and other supplies for
meetings with constituents or other members of the public in relation to
constituency business, and meals and non-alcoholic beverages on other constituency-related
occasions; (b) memberships in community or other organizations; (c) equipment not provided by the House; (d) magazine, newspaper and journal subscriptions; (e) travel, accommodations, meals and registration fees for conferences
and training courses for the member or constituency assistant if approved by
the speaker; (f) expenses associated with attending at meetings
and hearings involving advocacy on behalf of a constituent; and (g) other categories of items as directed by the commission.
(4) The
following types of expenses shall not be reimbursed: (a) the acquisition, creation or distribution of anything that
uses or includes a word, initial, or device that identifies a political party; (b) artwork including paintings, prints, sculptures, carvings
and crafts; (c) alcoholic beverages, either individually or in bulk; (d) sponsorship of individuals or groups; (e) donations; (f) raffle tickets; (g) hospitality, except for meetings referred to in paragraph
(3)(a); (h) gifts; (i) items, services or
activities of a personal nature, including clothing and laundry expenses; (j) travel costs for constituents; (k) travel costs for spouses or dependants; (l) financial assistance for constituents; and (m) those other items directed by the commission. (5) A
member, in his or her capacity as a member, shall not make a donation or gift,
whether of a charitable nature or not, to any person, group or community except
as may be contemplated by subsection (3) and section 27. (6) Where
a member makes a donation or gift, whether of a charitable nature or not, in a
personal capacity, the member shall, in making the donation or gift, stipulate
that any acknowledgment of the donation or gift shall not identify him or her
as a member. Prohibition 47. (1) An expense of a type listed in
subsection
46(3) may not be reimbursed if (a) it is not directly connected with the member's responsibilities
as a member in relation to the ordinary and proper representation of
constituents and the public; (b) it is incurred in relation to partisan political activities
or promotion; or (c) one or more of the following persons has a financial
interest in the contract or other arrangement under which the expense is
incurred or in a corporation that has a financial interest in the contract or
other arrangement under which the expense is incurred:
(i) the member,
(ii) an associated person in relation to the member,
(iii) another member, and
(iv) the spouse or child of another member. (2) Notwithstanding
subsection (1), an expense of a type listed in subsection 46(3) may be reimbursed in the circumstances described in subsection (1)
where the reimbursement is specifically approved and directed by the
commission. Schedule
House Operations
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