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Revised Statutes of Newfoundland 1990


CHAPTER L-12

AN ACT RESPECTING LEGISLATIVE DISABILITIES AND THE VACATION OF SEATS IN THE HOUSE OF ASSEMBLY

Analysis

1. Short title

2. Persons employed by government

3. Exceptions

4. Vacation of seat

5. Writ of election

6. Who may be re-elected

7. Members resigning to pay expenses of new election

8. Sessional pay

9. Penalty for sitting and voting when disqualified


Short title

1. This Act may be cited as the Legislative Disabilities Act.

RSN1970 c202 s1

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Persons employed by government

2. A person shall not be eligible to be elected, or shall not sit or vote as a member of the House of Assembly

(a) who holds an office, place or appointment of profit or remuneration from or under the government of this province, or from or under the Legislature, or from or under a board or public body, the members of which are appointed by the government; or

(b) who directly or indirectly undertakes, executes or enjoys, in whole or in part, a contract or agreement for or on account of the public service.

RSN1970 c202 s2

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Exceptions

3. Section 2 shall not apply to the following persons:

(a) a person holding

(i) office as a minister of the Crown,

(ii) office as the

(A) Speaker,

(B) Deputy Speaker,

(C) Chairperson of Committees, or

(D) Deputy Chairperson of Committees of the House of Assembly,

(iii) office as

(A) the Parliamentary Assistant to the Premier,

(B) a special assistant to the Premier, or

(C) a parliamentary secretary to a minister of the Crown, or

(iv) the recognized position of

(A) Leader of the Opposition,

(B) Opposition House Leader,

(C) Chief Government Whip, or

(D) Chief Opposition Whip

in the House of Assembly;

(b) a person holding a commission or appointment in the Canadian Navy, Army or Air Force;

(c) a person holding an office which now is or may be compulsory or obligatory and subject to a fine or penalty for non-acceptance;

(d) a person who accepts an acting appointment where the acting appointment is not held for more than 6 months but the person shall not hold more than 1 acting appointment for a longer time in total than 6 months, during the continuance of a General Assembly, except in the case provided for by paragraph (o);

(e) a person holding an office, place or appointment under the government, or under the Legislature, or under a public board or other public body, where the person holds the office, place or appointment upon the condition of discharging and discharges the duties without being entitled to or actually receiving salary, pay, profit or remuneration for the office, place or appointment;

(f) a person elected or appointed to a commission or committee, whether within or outside the Legislature, for the purpose of discharging duties in relation to the Legislature or legislation, whether in or out of legislative session;

(g) a person appointed to perform or discharge an act or function in relation to the compensation of parties whose interests in lands or whose rights are affected by an Act of the Legislature as long as the appointment is for a specified purpose or definite object and not of a permanent character, nor an office, place or appointment conferred for life, or during good behaviour, or during the pleasure of the Crown;

(h) a member of a school board within the meaning of the Schools Act or a member of a hospital board within the meaning of the Hospitals Act;

(i) an employee of a school board who is employed during the period when the House of Assembly is not sitting;

(j) a person appointed by the Board of Regents of the Memorial University of Newfoundland who is employed during the period when the House of Assembly is not sitting;

(k) a qualified barrister or solicitor acting as

(i) counsel or solicitor for the Crown, the government or the Legislature, or for a public department, board, commission or other legally constituted public body in a civil, criminal or quasi-criminal proceeding,

(ii) legal adviser to a public department, board, commission or other legally constituted public body, as long as he or she is not employed exclusively upon the work mentioned and occupies the position of an independent professional practitioner;

(l) a member of an incorporated body, or a member of a firm or trading company, contracting originally or by assignment for the public service, where the contract is made for the benefit of the incorporated body, firm or company;

(m) a person taking or holding the debentures of the public debt or a stock the interest and repayment of which are guaranteed by the province;

(n) a person who sells to the government, or the Legislature, or a public board or body, goods, wares or merchandise, as long as the sale is not in the nature of a continuing contract express or implied, with any of the previously mentioned persons, for the supply of goods, wares or merchandise;

(o) a person who accepts an acting appointment to an office in place of the holder of the office, during his or her temporary absence from the province, or during an illness;

(p) a person who accepts the office, place or appointment and the remuneration of a director of a corporation as a result of nomination by the Lieutenant-Governor in Council as a government director of that corporation under an Act of the Legislature or an agreement authorized under an Act of the Legislature enabling the appointment of a director by the government;

(q) a licensed medical or dental practitioner who performs medical or dental services during the period when the House of Assembly is not sitting, while in the employ of the government of the province or in the employ of a board or public body, the members of which are appointed by the government.

RSN1970 c202 s3; 1973 No52 s2; 1977 c14 ss1&2; 1982 c10 s7; 1989 c12 s18

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Vacation of seat

4. Where a member of the House of Assembly

(a) accepts an office, place or appointment of profit or emolument from

(i) the government of the province, or

(ii) a board or public body the members of which are nominated by the government;

(b) undertakes, executes or enjoys, in whole or in part, directly or indirectly a contract or agreement for or on account of the public service;

(c) tenders to the Lieutenant-Governor the written resignation of his or her seat in the House of Assembly; or

(d) becomes bankrupt or declared insolvent,

his or her seat shall become vacant but this section shall not apply to a person mentioned in and privileged by paragraphs 3(b) to (q), except in the case of the insolvency or bankruptcy or the resignation of the person, or to a person holding office as a minister of the Crown, or to persons who may respectively hold the offices of Speaker or Deputy Speaker or Chairperson of Committees, or Deputy Chairperson of Committees of the House of Assembly or the member of the House of Assembly holding the recognized position of Leader of the Opposition or a person holding

(e) office as

(i) the Parliamentary Assistant to the Premier,

(ii) the Opposition House Leader,

(iii) a special assistant to the Premier, or

(iv) a parliamentary secretary to a minister of the Crown; or

(f) the recognized position of

(i) Opposition House Leader,

(ii) Chief Government Whip, or

(iii) Chief Opposition Whip

in the House of Assembly.

RSN1970 c202 s4; 1973 No52 s3; 1977 c46 s17; 1982 c10 s7

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Writ of election

5. Where a vacancy occurs in the House of Assembly the Lieutenant-Governor in Council shall, within 6 months after the happening of the vacancy, direct the issue of a writ of election for the election and return of a member for the district in respect of which the vacancy has occurred.

RSN1970 c202 s5

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Who may be re-elected

6. Nothing in this Act shall prevent a member who accepts 1 of the offices named in paragraph 3(a) or who has resigned, or has become bankrupt or insolvent and has received a certificate of discharge according to law, from being re-elected a member of the House of Assembly.

RSN1970 c202 s6

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Members resigning to pay expenses of new election

7. (1) A member who resigns and offers himself or herself as a candidate at the election consequent on the resignation shall bear the expenses of the election, where they have usually been borne by the province, and shall, before he or she is nominated as a candidate for the election, deposit with the Minister of Justice the sum of money, not exceeding the amount paid by the province for the last preceding election in the district for which the member had been returned, that the Lieutenant-Governor in Council shall direct.

(2) The money, or as much of it that may be required for that purpose, shall be applied by the Minister of Justice in discharge of the expenses.

RSN1970 c202 s7

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Sessional pay

8. A member of the House of Assembly who receives sessional pay, voted by the Legislature, shall not be considered on that account alone to hold an office, place or appointment of profit or emolument within the meaning of this Act.

RSN1970 c202 s8

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Penalty for sitting and voting when disqualified

9. (1) Where a person, declared to be ineligible to be elected to, or disqualified to sit or vote in, the House of Assembly, is elected a member for a district, the election shall be void.

(2) Where a person is disqualified, or whose seat becomes vacant as a result of this Act, sits or votes as a member of the House of Assembly, he or she shall, for each time he or she sits or votes, forfeit and pay the sum of $230, to be recovered by a person who sues for the money in the Trial Division.

RSN1970 c202 s9; 1974 No57 s38(263)(1)

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