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St. John's, Newfoundland and Labrador, Canada

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Statutes of Newfoundland and Labrador 2007


CHAPTER H-10.1

AN ACT RESPECTING THE EFFECTIVE ADMINISTRATION OF THE HOUSE OF ASSEMBLY, THE STANDARDS OF CONDUCT OF ELECTED MEMBERS, AND THEIR ETHICAL AND ACCOUNTABLE BEHAVIOUR

(Assented to June 14, 2007)

Analysis


††††††† 1. Short title

††††††† 2. Definitions

††††††† 3. Purpose

††††††††††††† PART I
HOUSE OF ASSEMBLY

††††††† 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
PAYMENTS TO MEMBERS

††††† 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 III
HOUSE OF ASSEMBLY MANAGEMENT COMMISSION

††††† 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
HOUSE OF ASSEMBLY OPERATIONS

††††† 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
ETHICS
AND ACCOUNTABILITY

††††† 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
PUBLIC INTEREST DISCLOSURE

††††† 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 VII
RULES

††††† 64. Rules

††††††††††††† PART VIII
MISCELLANEOUS, CONSEQUENTIAL AMENDMENTS, REPEAL
AND COMMENCEMENT

††††† 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

††††† 72. Transitional

††††† 73. 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 Membersí Interests,

††††††††††††††††††† (iii)Child and Youth Advocate,

††††††††††††††††††† (iv)Information and Privacy Commissioner,

†††††††††††††††††††† (v)Citizenís 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 membersí 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 oneís 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
HOUSE OF ASSEMBLY

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
PAYMENTS TO MEMBERS

Salaries, expenses, severance and pensions

††††† 11. (1) A member is entitled, effective July 1, 2007, to be paid an annual salary of $92,580 payable in 26 equal installments, in arrears.

†††††††††††† (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 July 1 2007, as follows:

†††††††††††† (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 memberís 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 memberís salary; or

†††††††††††† (b)in the case where a deduction is warranted, withhold from the memberís 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 assistantís 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 membersí 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 membersí 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 membersí compensation review committee, and the appropriateness and manner of providing for periodic increases in a memberís 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 membersí 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 membersí 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 membersí 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 membersí 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 III
HOUSE OF ASSEMBLY MANAGEMENT COMMISSION

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 memberís 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 memberís 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)the 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 speakerís 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 speakerís 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 speakerís 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 OPERATIONS

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 August 31, 2008.

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 memberís 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 memberís 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 United Kingdom according to the practice of Parliament, or that may be provided by resolution of the House of Assembly.

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 Citizenís 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
ETHICS AND ACCOUNTABILITY

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.

†††††††††††† (5)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.

†††††††††††† (6)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 clerkís 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.

†††††††††††† (7)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.

†††††††††††† (8)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 auditorís 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.

†††††††††††† (9)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.

†††††††††† (10)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 clerkís 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 auditorís 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 memberís 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 memberís 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 speakerís 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 commissionerís opinion shall prevail.

†††††††††††† (7)Where a member does not disagree in writing within 30 days after receiving the speakerís determination or if he or she does disagree but the commissioner, in the commissionerís written opinion, supports the speakerís 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 memberís 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
PUBLIC INTEREST DISCLOSURE

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 citizenís representative appointed under the Citizenís 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 a person 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 VII
RULES

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
MISCELLANEOUS, CONSEQUENTIAL AMENDMENTS, REPEAL
AND COMMENCEMENT

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, or

†††††††††††† (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 Provincial Court, or

††††††††††††††††† (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 Canada or an agency of a government or municipality in Canada,

†††††††††††††††††† (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 Membersí 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 III heading and substituting the following:

PART III
LEGISLATIVE COUNSEL

†††††††††††† (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

††††† 72. (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

††††† 73. (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 April 1, 2008.

†††††††††††† (c)the Schedule comes into force on October 9, 2007.


Schedule

RULES

Analysis


††††††† 1. Short title

††††††† 2. Definitions

††††††††††††† PART I
PURPOSES
AND PRINCIPLES

††††††† 3. Purpose

††††††† 4. Presumptions

††††††† 5. Principles

††††††† 6. Member responsibility

††††††† 7. Restrictions on claims

††††††† 8. Member personal liability

††††††††††††† PART II
RECORDS
AND DISCLOSURE

††††††† 9. Records

††††† 10. Monthly reports

††††† 11. Statements

††††† 12. Public access to statements

††††† 13. Speaker requirements

††††††††††††† PART III
ALLOWANCES
AND CLAIMS

††††† 14. Categories of allowances

††††† 15. Disagreement with speaker decision

††††† 16. Forms and documentation

††††† 17. Processing of claims

††††††††††††† PART IV
OFFICE ALLOWANCES

††††† 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
MEMBERS OPERATIONAL RESOURCES

††††† 25. Standard office allocation

††††† 26. Support staff

††††† 27. Other resources

††††††††††††† PART VI
TRAVEL
AND LIVING ALLOWANCE

††††† 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 VII
COMMITTEE ALLOWANCE

††††† 45. Committee allowance

††††††††††††† PART VIII
CONSTITUENCY ALLOWANCE

††††† 46. Expenses related to constituency work

††††† 47. Prohibition

Schedule


Short title

††††††† 1. These rules may be cited as the Membersí 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 armís length,

†††††††††††††††††††† (ii)a related person, and

††††††††††††††††††† (iii)an associated corporation,

within the meaning of the Income Tax Act (Canada);

†††††††††††† (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)Conception Bay East & Bell Island,

††††††††††††††††††† (iii)Conception Bay South,

††††††††††††††††††† (iv)Kilbride,

†††††††††††††††††††† (v)Mount Pearl,

††††††††††††††††††† (vi)Ferryland (North of Witless Bay Line),

†††††††††††††††††† (vii)St. Johnís Centre,

††††††††††††††††† (viii)St. Johnís East,

††††††††††††††††††† (ix)St. Johnís North,

†††††††††††††††††††† (x)St. Johnís South,

††††††††††††††††††† (xi)St. Johnís West,

†††††††††††††††††† (xii)Signal Hill-Quidi Vidi,

††††††††††††††††† (xiii)Topsail,

††††††††††††††††† (xiv)Virginia Waters, and

†††††††††††††††††† (xv)Waterford Valley;

†††††††††††† (e)"comptroller general" means the Comptroller General of Finance as defined in the Financial Administration Act;

††††††††††††† (f)"constituency business" means an activity directly connected with a memberís 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
PURPOSES
AND PRINCIPLES

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 membersí 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
AND DISCLOSURE

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 memberís 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 memberís 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 III
ALLOWANCES
AND CLAIMS

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 Canada.

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 memberís 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 memberís 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 memberís 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
OFFICE ALLOWANCES

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 memberís 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 memberís 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 Confederation Building complex in St. Johnís in a location that may be determined by the speaker.

†††††††††††† (3)The quality and size of office accommodation in the Confederation Building complex for a member of one political party shall not be materially different than that for a member of another political party.

†††††††††††† (4)A member who chooses to have his or her constituency assistant work in the Confederation Building complex shall, with respect to the assignment of office accommodation in that complex, be given priority over a member who chooses to have his or her constituency assistant work in an office in the memberís constituency.

†††††††††††† (5)In addition to choosing office accommodation in the Confederation Building complex, a member may choose office accommodation in one of the following ways:

†††††††††††† (a)office space in the memberís constituency;

†††††††††††† (b)instead of an office in a specific location, the rental of shortterm accommodation in one or more locations in the memberís 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 assistantís office is located.

†††††††††††† (6)Notwithstanding paragraph (5)(a) or (d), where a member chooses office accommodation in the memberís constituency in a Crown-owned building or in a building where his or her ministerial or assistantís 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 memberís 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 memberís 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 Newfoundland and Labrador, represented here 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 membersí constituency office until the next general election unless that office was in the former memberís 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 monthís notice or payment of rent.

Eligibility for space

††††† 23. (1) Where a member has chosen office accommodation in the Confederation Building complex, the speaker shall, to the extent possible, group the office accommodations for members of the same political party together in the same area as part of a caucus office.

†††††††††††† (2)Where a member has chosen to have his or her constituency assistant work in office accommodation in the memberís constituency or in the memberís ministerial or parliamentary or special assistantís 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 memberís constituency work; and

†††††††††††† (k)those other items identified and directed by the commission.

PART V
MEMBERS OPERATIONAL RESOURCES

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 clerkís 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 memberís 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 clerkís 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 Newfoundland and Labrador, represented here by the Honourable the Speaker of the House of Assembly".

†††††††††††† (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)stationery 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
TRAVEL
AND LIVING ALLOWANCE

Definitions

††††† 28. In this Part

†††††††††††† (a)"commuting distance" means 60 kilometres or less;

†††††††††††† (b)"constituency business" means an activity directly connected with a memberís 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 memberís 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 memberís 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 memberís permanent residence is located in

††††††††††††††††††††† (i)the memberís 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 Confederation Building complex where his or her permanent residence is located in the capital region.

†††††††††††† (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 Canada where the purpose of the trip is directly related to constituency business; and

†††††††††††† (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 3 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 memberís 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-LíAnse 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 VII
COMMITTEE ALLOWANCE

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
CONSTITUENCY ALLOWANCE

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 memberís 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
Estimates of Intra-constituency Costs

 

Riding No.

Riding Name

Total

1

Baie Verte - Springdale

$12,600

2

Bay of Islands

15,600

3

Bellevue

16,400

4

Bonavista North

12,600

5

Bonavista South

12,600

6

Burgeo - LaPoile

14,100

7

Burin - Placentia West

10,200

8

Cape St. Francis

9,000

9

Carbonear - Harbour Grace

9,600

10

Cartwright - L'Anse au Clair

49,200

11

Conception Bay East - Bell Island

9,600

12

Conception Bay South

9,000

13

Exploits

12,600

14

Ferryland

12,600

15

Fortune Bay - Cape La Hune

59,600

16

Gander

9,600

17

Grand Bank

15,000

18

Grand Falls-Windsor - Buchans

11,400

19

Grand Falls-Windsor - Green Bay South

9,000

20

Harbour Main

8,600

21

Humber East

7,900

22

Humber Valley

15,000

23

Humber West

10,200

24

Kilbride

9,000

25

Labrador West

9,600

26

Lake Melville

10,000

27

Lewisporte

11,500

28

Mount Pearl North

7,500

29

Mount Pearl South

7,500

30

Placentia - St. Mary's

14,400

31

Port au Port

8,500

32

Port de Grave

9,600

33

Signal Hill - Quidi Vidi

7,500

34

St. Barbe

12,600

35

St. George's - Stephenville East

9,600

36

St. John's Centre

7,500

37

St. John's East

7,500

38

St. John's North

7,500

39

St. John's South

7,500

40

St. John's West

7,500

41

Terra Nova

12,800

42

The Isle of Notre Dame

12,300

43

The Straits - White Bay North

12,600

44

Topsail

7,500

45

Torngat Mountains

45,900

46

Trinity - Bay de Verde

10,800

47

Trinity North

10,200

48

Virginia Waters

7,500

 

Total

$626,400