The Legislative Assembly Act, C.C.S.M. c. L110 bilingual version (HTML) Table of Contents Section 1 Definitions PART 1 COMPOSITION OF LEGISLATURE 2 Composition of Legislature COMPOSITION AND DURATION OF ASSEMBLY 3 Composition 4 Duration 5 Session once a year 6 Effect of Crown re dissolving assembly 7 Prorogation of Legislature QUORUM 8 Quorum SPEAKER'S VOTE 9 Vote deadlocked QUALIFICATION OF MEMBERS 10 Oath or affirmation 11 Ineligible persons 12 Certain office holders ineligible 13 Exception re Executive Council 14 Exception re judicial officers 15 Exception re Speaker and Deputy Speaker 16 Acceptance of payments by members 17 Other exceptions 18 Conviction of member 19 Election of ineligible persons void 20 When seat becomes vacant 21 Penalty for disqualified persons sitting in assembly VACATING OF SEATS 22 Resignation of member 23 Resignation when no Speaker 24 Duty of Speaker or two members who receive resignation 25 Notice of vacancy not by resignation 26 Vacancy before first session 27 Vacancy to be filled within 180 days THE SPEAKER 28 Speaker 29 Deputy speaker 30 Deputy acting in Speaker's absence 31 Speaker and Deputy both absent 31.1 Speaker continues in office following dissolution 32 Validation of proceedings 33 Validation of acts of Deputy THE CLERK OF THE ASSEMBLY 33.1 Appointment of Clerk of the Assembly 33.2 Officer of the Assembly 33.3 Remuneration 33.4 Civil Service Superannuation Act applies 33.5 Suspension or removal 33.6 Deputy Clerk POWERS AND PRIVILEGES OF ASSEMBLY SUMMONING WITNESSES AND TAKING EVIDENCE 34 Compelling attendance of witnesses 35 Warrant for attendance of witnesses 36 Examination on oath 37 Examination by committees on oath 38 Extra mural examination of witnesses 39 Assembly as court of record JURISDICTION OF ASSEMBLY 40 Judicial and other powers 41 Penalty for breach of section 40 42 Warrant of committal or imprisonment 43 Assembly's decision final IMMUNITIES AND PRIVILEGES 44 No liability for acting under authority of assembly 45 Protection from actions or arrest 46 Members and employee of assembly exempt from jury service 47 Rights under Conflict of Interest Act RESPECTING ACTIONS 48 Protection to person publishing report 49 Protection to person publishing copy of report 50 Bona fide publication a defence 51 Journals of House as evidence SAVING CLAUSE 52 Act not to abridge rights and privileges GENERAL PROVISIONS 52.1 Assembly records 52.2 Vacancy in seats not to invalidate proceedings of assembly 52.3 Debates to be grave and orderly 52.3.1 Repealed 52.4 Expenses of assembly 52.5 Life of committees 52.5.1 Endorsement of assent or reservation of Act PART 2 REMUNERATION AND RETIREMENT BENEFITS DEFINITIONS 52.6 Definitions COMPLIANCE REPORT 52.6.1 Compliance report COMMISSIONER 52.7 Appointment and role 52.7.1 Repealed SALARIES AND ALLOWANCES 52.8 Commissioner to decide salaries and allowances 52.8.1 Policies for constituency assistant staff RETIREMENT BENEFITS 52.9 Commissioner to decide retirement benefits REPORT TO THE ASSEMBLY 52.10 Report 52.11 Repealed REGULATIONS 52.12 Regulations 52.13 Amending a regulation 52.14 Statutes and Regulations Act does not COMPUTATION RULES 52.15 Rules re commencement and termination dates 52.16 Speaker may recognize leaders and others 52.17-52.20 Repealed SEVERANCE ALLOWANCES: TRANSITIONAL PROVISIONS 52.21 Definition MAILING, TELEPHONE AND PRINTING PRIVILEGES 52.22 Mailing privileges SUPPLIES AND ASSISTANCE PAYMENTS 52.23 Payments for supplies and assistance 52.23.1 Financial report about allowance received GENERAL PROVISIONS 52.24 Approval of payments 52.25 Method of payment 52.26 Payments made without votes 52.27 Report on payments to members 52.27.1 Report of income from Crown agencies 52.28 Regulations re Income Tax Act status of retirement benefits 52.29 Members' Allowances Office PART 2.1 [Repealed] PART 3 MEMBERS' PENSIONS 69 Definitions 69.1 Part not to apply to members elected after 35th Legislature 69.2 Restriction on members before dissolution of 35th Legislature 70 Duration of membership, pro-rata indemnities 71 Entitlement to pension 72 Calculation of pension 73 Treatment of additional remuneration 74 Cost of living increases 75 Discontinuance of and re-entitlement to pension 76 Application to contribute 77 Rate and deduction of contributions 78 Deferred pensions 79 Refund of contributions 80 Refund upon death, pension to eligible survivors 81 Refund after allowance begun where death, allowance to eligible survivors 82 Refund after death of surviving spouse or common-law partner 83 Applications 84 Contributions to and payments from Consolidated Fund 85 Deduction of group insurance premiums 86 Regulations 87 Administration of Part 88 Special status for members in June, 1979 89 Continuation of contributions for indemnities only 90 Division of benefits on break-up 91 New relationship of member 92 New relationship of survivor 93 Effect of division on qualifying service 94 Reduction on division of assets 95 Status under Income Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "Crown agency" means any board, commission, association, or other body, whether incorporated or unincorporated, all the members of which, or of the board of management or board of directors of which, (a) are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council, or (b) if not so appointed, in the discharge of their duties are public officers or servants of the Crown, or for the proper discharge of their duties are directly or indirectly, responsible to the Crown, or any corporation the election of the board of directors of which is controlled by the Crown, directly or indirectly, through ownership of the shares of the capital stock thereof by the Crown or by a board, commission, association, or other body which is a Crown agency within the meaning of this definition; (« organisme de la Couronne ») "fiscal year" means the fiscal year of the government; (« exercice ») "management commission" means the Legislative Assembly Management Commission continued under The Legislative Assembly Management Commission Act ; (« Commission de régie ») "member" means a member of the Assembly; (« député ») "official opposition" means the members of the Assembly who belong to the political party that is represented in the Assembly by the second largest number of members; (« opposition officielle ») "recognized opposition party" means the members of the Assembly who belong to a political party that is represented in the Assembly by four or more members and that is not (a) the political party represented in the Assembly by the largest number of members, or (b) the official opposition; (« parti d'opposition reconnu ») "speaker" means the Speaker of the Assembly. (« président ») S.M. 1993, c. 53, s. 2 ; S.M. 2022, c. 20, s. 5 . PART 1 COMPOSITION OF LEGISLATURE Composition of Legislature 2 The Legislature of the Province of Manitoba shall consist of the Lieutenant Governor and the Legislative Assembly. COMPOSITION AND DURATION OF ASSEMBLY Composition of assembly 3(1) The Legislative Assembly shall be composed of 57 members elected to represent the electoral divisions into which the province is divided. Representation of electoral divisions 3(2) Each electoral division of the province shall be represented in the Legislative Assembly by one member. Duration of assembly 4(1) Every Legislative Assembly shall continue for five years from the 10th day after the day upon which polling takes place for the general election of members; but the Lieutenant Governor may at any time dissolve the assembly if the Lieutenant Governor deems it advisable. Interpretation 4(2) The expression "the day upon which polling takes place for the general election of members" used in subsection (1) means the day upon which polling takes place generally and not the day upon which polling takes place upon an election which is deferred under The Elections Act . Session once a year 5 There shall be a session of the Legislature at least once in every year, so that 12 months shall not intervene between the last sitting of the Legislature in one session and the first sitting in the next. Assembly not dissolved by demise of Crown 6(1) The Legislative Assembly shall not determine or be dissolved by the demise of the Crown, but shall continue and may meet, convene and sit, proceed and act, in the same manner as if the demise had not happened. Prerogative saved 6(2) Nothing in this section alters or abridges the power of the Crown to prorogue or dissolve the Legislative Assembly. Prorogation of Legislature 7 It is not necessary for the Lieutenant Governor in proroguing the Legislature to name any day to which it is prorogued, or to issue a formal proclamation for a meeting of the Legislature when it is not intended that the Legislature shall meet for the dispatch of business. QUORUM Quorum 8 The quorum required for the transaction of business in the Legislative Assembly is 10, of whom the Speaker may be one. SPEAKER'S VOTE Decision of questions in assembly 9 Questions arising in the Legislative Assembly shall be decided by a majority of votes other than those of the Speaker; and when the votes are equal, but not otherwise, the Speaker has a vote. QUALIFICATION OF MEMBERS Oath or affirmation of members 10 Every member of the Legislative Assembly, before taking the member's seat therein, shall take and subscribe before the Lieutenant Governor or before some person authorized by the Lieutenant Governor the following oath or affirmation of allegiance: "I, A.B., do swear (or affirm) that I will be faithful and bear true allegiance to His Majesty King Charles the Third (or as the case may be) and his heirs and successors according to law. So help me God." (Omit last four words where person affirms.) R.S.M. 1987 Supp., c. 4, s. 17 ; S.M. 2022, c. 52, s. 2 . Senators, M.P.s etc. ineligible 11 No person who is a member of the Senate or the House of Commons of Canada, or who is a member of the Legislative Assembly of any other province of Canada, is eligible to be nominated for, or elected as, a member of the Legislative Assembly, or is capable of sitting or voting in the assembly. Certain office holders ineligible 12(1) Except as hereinafter specially provided, no person accepting or holding any office, commission or employment, or performing any duty, in respect of which any salary, fee, payment, allowance, or emolument, is payable from the Crown in right of the province, is eligible to be nominated for, or elected as a member of, the Legislative Assembly; nor shall a person sit or vote in the assembly during the time they hold the office, commission, or employment, or they are performing the duty, or the salary, payment, allowance, or emolument, is payable to the person. Activities under Conflict of Interest Act permitted 12(2) Subsection (1) does not apply to any activity of a member that is done in compliance with The Conflict of Interest (Members and Ministers) Act . S.M. 2021, c. 23, s. 65 . Exception respecting members of Executive Council 13 Notwithstanding anything in this Act or any other Act, a member of the Executive Council whether in receipt of salary, allowance, fees or remuneration or not, is not ineligible to be nominated for, or elected as, a member of the Legislative Assembly; nor is the member disqualified from sitting or voting in the assembly, if the member is elected while holding such an appointment, nor shall a member of the assembly who is appointed a member of the Executive Council, whether in receipt of salary, allowance, fees or remuneration or not, by reason only of the acceptance of the appointment, vacate the member's seat or be disqualified from sitting or voting in the assembly. Exception respecting judicial officers 14 Nothing in section 12 renders a justice of the peace appointed under The Provincial Court Act ineligible to be nominated for, or elected as a member of, the Legislative Assembly; but a justice of the peace who is elected as a member of the Assembly must resign from the judicial office before being eligible to sit or vote in the assembly. S.M. 2005, c. 8, s. 19 . Exception respecting Speaker and Deputy Speaker 15 Nothing in section 12 disqualifies the Speaker or Deputy Speaker from sitting or voting in the Legislative Assembly. Acceptance of payments by members 16(1) A member of the assembly may accept from the government any indemnity, allowance, salary and reimbursement for expenses authorized under this Act or The Executive Government Organization Act , and reimbursement for reasonable expenses incurred by the member in transacting public business pursuant to a resolution of the assembly, or have any or all of those expenses paid for the member on their behalf by the government; and nothing in this Act disqualifies the member from sitting and voting in the assembly or subjects the member to penalty for accepting the indemnity, allowance, salary or reimbursement or because those expenses have been paid for the member on their behalf; but nothing in this section authorizes a member to accept appointment to a statutory board, commission or body the remuneration in respect of which is paid from the Consolidated Fund or to accept remuneration or reimbursement from the government in respect of any duties performed as a member of or on the direction of any statutory board, commission or body. Exception 16(2) Notwithstanding anything in this Act, or any other Act of the Legislature, a person to whom leave of absence is granted under, and who complies with, section 37 or 38 of The Public Service Act is not ineligible to be nominated for, or elected as, a member of the Legislature. S.M. 2001, c. 39, s. 31 ; S.M. 2008, c. 42, s. 57 ; S.M. 2021, c. 11, s. 105 . Exceptions 17(1) Nothing in this Act renders any person ineligible to be nominated for, or elected as a member of, the Legislative Assembly, or disqualifies the person from sitting or voting in the assembly, by reason only of the person (a) having been, before being elected as a member, an employee of a Crown agency which is engaged in a commercial enterprise, and having been covered by a collective agreement between that Crown agency and a bargaining agent for a unit of employees which included the person, continuing their employment with the Crown agency under the terms and conditions of the collective agreement; or (b) being an issuer of marriage licences, a division registrar or a deputy division registrar under The Vital Statistics Act , a person authorized to register motor vehicles and issue drivers' licences under The Drivers and Vehicles Act , a person authorized to issue permits under The Highway Traffic Act , a licensee under The Liquor, Gaming and Cannabis Control Act , or the issuer of licences and permits under The Fisheries Act or The Wildlife Act , and paid fees in connection therewith; or (c) and (d) [repealed] S.M. 2024, c. 35, s. 57 ; (e) entering into an agreement with The Manitoba Public Insurance Corporation to act as agent for that corporation in respect of, and receiving commissions for, the issuing and sale of insurance under The Manitoba Public Insurance Corporation Act ; or (f) being a member of the Law Society of Manitoba and receiving fees and disbursements for furnishing legal aid under The Legal Aid Manitoba Act ; or (g) being a medical practitioner and receiving fees, benefits or other remuneration under an agreement made in accordance with The Health Services Insurance Act ; or (h) being a medical examiner appointed under The Fatality Inquiries Act . General exception 17(2) Nothing in this Act renders any person ineligible to be nominated for, or elected as, a member of the Legislative Assembly, or disqualifies the person from sitting or voting in the Assembly, by reason of the person holding office, at the time of the person's nomination for, or election as, a member of the Legislative Assembly, as a member of a statutory board, commission or body the remuneration in respect of which is paid from the Consolidated Fund, or by reason of having accepted remuneration or reimbursement from the government in respect of any duties performed as a member of or on the direction of a statutory board, commission or body (a) if the person does not act as a member of the statutory board, commission or body after the day fixed for nominations for the election for which the person is nominated or at which the person is elected, and (b) if the person remits to the government all moneys which the person received by way of remuneration or reimbursement in respect of any duties performed after the day on which the Writ of Election was issued for that election, as a member of or on the direction of the statutory board, commission or body; and this subsection shall be deemed always to have been the law. Questions arising under this section 17(3) Where a question arises as to whether subsection (1) or (2) applies in respect of a member of the assembly, the member or any other member of the assembly may refer the question to the Standing Committee of the Assembly on Legislative Affairs which shall determine the question and the determination of the committee is final and binding on all persons. S.M. 2000, c. 26, s. 60 ; S.M. 2004, c. 42, s. 105 ; S.M. 2004, c. 50, s. 18 ; S.M. 2005, c. 37, Sch. A, s. 156 ; S.M. 2013, c. 51, Sch. B, s. 194 ; S.M. 2018, c. 9, s. 46 ; S.M. 2024, c. 35, s. 57 . Conviction of member 18(1) Subject to subsection (3), where a member is convicted of an indictable offence for which the member is sentenced to imprisonment for a term of five years or more, the member is ineligible to sit or vote as a member, and (a) if, on the expiry of the time allowed for bringing an appeal of the conviction or of any decision of a court upholding the conviction in an appeal of the conviction, the member has not commenced an appeal of the conviction or of the decision, as the case may be; or (b) if on an appeal of the conviction, or of a decision upholding the conviction, to a court from which there is no further appeal, the court upholds the conviction; the member is disqualified as a member and the member's seat is vacated. Ineligibility for indemnities, etc. 18(2) Where subsection (1) applies to a member, the member shall not be paid any indemnity or allowance under this Act for or in respect of the period during which they are ineligible to sit or vote as a member. Removal of ineligibility 18(3) Where a conviction mentioned in subsection (1) is set aside by a court of competent jurisdiction or a court of competent jurisdiction reduces the sentence to less than five years imprisonment, the ineligibility of the member to sit or vote as a member or to receive indemnities and allowances is terminated. Authority to pay withheld indemnities 18(4) Where a conviction mentioned in subsection (1) is set aside by a court of competent jurisdiction, the assembly may, by resolution, authorize the payment to the member affected of any indemnity or allowance, or a part thereof, withheld from the member under subsection (2). Pro-rating of sessional payments for subsection (2) 18(5) For the purpose of applying subsection (2), any indemnity or allowance payable under this Act for or in respect of a session of the assembly shall be conclusively deemed to be earned during the session and where the member is ineligible to sit or vote as a member for part of the session, the member shall not be paid a pro-rata portion of the indemnity or allowance for that part of the session. Election of ineligible person void 19 Where a person ineligible to be nominated for, or elected as, a member of the Legislative Assembly is nevertheless elected and returned as a member, the person's election and return is void. When seat becomes vacant 20(1) A member's election becomes void and their seat is vacated if (a) the member becomes disqualified from sitting or voting in the assembly under section 11 or 12; or (b) the member's seat is declared vacant under The Conflict of Interest (Members and Ministers) Act . How vacancy treated 20(2) In any case mentioned in subsection (1) the vacancy shall be treated as one occurring through death. May be re-elected 20(3) Notwithstanding anything in this section, the person may be re-elected if the person is eligible. S.M. 2021, c. 23, s. 65 . Penalty for disqualified persons sitting in assembly 21 Where a person ineligible to be nominated for, or elected as, a member of the Legislative Assembly or disqualified from sitting or voting in the assembly, sits or votes therein or continues to sit or vote, as the case may be, the person is guilty of an offence and is liable, on summary conviction, to a fine of $200. for each and every day on which the person so sits or votes. VACATING OF SEATS Resignation of member 22 Any member of the Legislative Assembly may resign their seat, (a) by giving, in the member's place in the assembly, notice of their intention to resign, in which case, after the notice has been entered by the clerk of the assembly in the journals, the seat of the member thereupon becomes vacant; or (b) by addressing and causing to be delivered to the Speaker a declaration of the member's intention to resign, made in writing under their hand before two witnesses, which declaration may be so made and delivered either before or during a session of the Legislature, or in the interval between two sessions, and upon receipt thereof by the Speaker the seat of the member thereupon becomes vacant. Resignation when no Speaker 23 Where a member of the Legislative Assembly wishes to resign their seat, during or before a session of the Legislature, or in the interval between two sessions and there is then no Speaker, or the Speaker is absent from the province, or the member is themselves the Speaker, the member may address and cause to be delivered to any two members of the assembly the declaration mentioned in clause 22(b); and upon the receipt thereof by the two members the seat of the member thereupon becomes vacant. Duty of Speaker or two members receiving resignation 24 Upon receiving the notice of intention or the declaration the Speaker or the two members of the Legislative Assembly, as the case may be, shall forthwith address a request to the Lieutenant Governor in Council for the passing of an order in council for the filling of the vacancy under The Elections Act . Notice of vacancy caused in any other way than by resignation 25 In the case of a vacancy in the representation of an electoral division created in any other way than by resignation, any two members of the Legislative Assembly may give notice of the vacancy to the Lieutenant Governor in Council and request the passing of an order in council for the filling of the vacancy under The Elections Act . S.M. 2006, c. 15, Sch. A, s. 206 . Vacancy before first session of a Legislature 26 If a vacancy of the kind mentioned in section 25 occurs subsequently to a general election and before the first meeting of the Legislature thereafter, the notice and request to the Lieutenant Governor in Council may be given by two members of the Legislative Assembly of whose election the Clerk of the Executive Council has had due notice. By-election to fill vacancy 27(1) A by-election must be held if a vacancy in the representation of an electoral division occurs. Election day within 180 days of vacancy 27(2) The election day for the by-election must be within 180 days after the vacancy occurs. Exception 27(3) Despite subsection (1), no by-election is required if the vacancy occurs less than one year before the election day for a general election held on a fixed date under section 49.1 of The Elections Act . S.M. 2016, c. 13, s. 2 . THE SPEAKER Election of Speaker 28(1) The Legislative Assembly, on its first assembling after a general election, shall proceed with all practicable speed to elect one of its members to be Speaker. Election when vacancy 28(2) In case of a vacancy happening in the office of Speaker by death, resignation, or otherwise, the assembly shall proceed with all practicable speed to elect another of its members to be Speaker. Presiding officer 28(3) The Speaker shall preside at all meetings of the assembly. Deputy Speaker 29(1) The Legislative Assembly may elect a Deputy Speaker, and in any case where the Speaker, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the assembly in any day, the Speaker may call upon the Deputy Speaker, or in the Deputy Speaker's absence upon any member of the assembly to take the chair and act as Speaker during the remainder of the day, unless the Speaker resumes the chair before the close of the sittings of that day. Acting as Speaker 29(2) The Deputy Speaker or member so called upon shall take the chair and act as Speaker accordingly. Deputy Speaker acting in absence of Speaker 30(1) Where the Legislative Assembly is informed by the clerk at the table, of the absence of the Speaker, the Deputy Speaker, if present, shall take the chair and shall perform the duties and exercise the authority of the Speaker in relation to all proceedings of the assembly until the meeting of the assembly on the next sitting day, and so on from day to day on the like information being given to the assembly, until the assembly otherwise orders. Duration of power of deputy 30(2) Where the assembly adjourns for more than 24 hours, the Deputy Speaker shall continue to perform the duties and exercise the authority of the Speaker for 24 hours only after the adjournment. When Speaker and Deputy Speaker both absent 31 Where the Legislative Assembly is informed by the clerk at the table of the absence of the Speaker and the Deputy Speaker, the assembly may elect a member to take the chair and act as Speaker for that day. Speaker continues in office following dissolution 31.1 The person who is the Speaker at the time of a dissolution of the Legislative Assembly continues to hold office as Speaker until a Speaker is elected by the new Assembly. S.M. 2007, c. 3, s. 2 . Validation of proceedings 32 Where, at any time during a session of the Legislative Assembly, the Speaker is absent from the assembly, and the Deputy Speaker or a member thereupon performs the duties and exercises the authority of the Speaker as hereinbefore provided, or pursuant to the rules or other order, or a resolution of the assembly, every act done and proceeding taken in or by the assembly, in the exercise of its powers and authority, is as valid and effectual as if the Speaker were in the chair. Validation of acts of Deputy Speaker 33 Every act done, and warrant, order, or other document issued, signed, or published, by the Deputy Speaker or member acting as hereinbefore provided in relation to any proceedings of the Legislative Assembly, or which under any statute would be done, issued, signed, or published, by the Speaker if then present and acting, has the same effect and validity as if it had been done, issued, signed or published, by the Speaker. THE CLERK OF THE ASSEMBLY Appointment of Clerk of the Assembly 33.1(1) A person shall be appointed as the Clerk of the Assembly by resolution of the Assembly. Committee recommendation required 33.1(2) A person may be appointed as the Clerk only if the appointment has been recommended by the management commission. Appointment process 33.1(3) If at any time the office of Clerk (a) will become vacant within six months because the Clerk has resigned; or (b) has become vacant for any other reason; the Speaker must, within one month after that time, convene a meeting of the management commission and the management commission must, within six months after that time, consider candidates for the office and make recommendations to the Assembly. S.M. 2022, c. 20, s. 5 . Officer of the Assembly 33.2(1) The Clerk is an officer of the Assembly. No other public office 33.2(2) The Clerk may not hold any other public office or engage in any partisan political activity. S.M. 2022, c. 20, s. 5 . Remuneration 33.3(1) Subject to this section, the salary and benefits of the Clerk are to be determined by the management commission. No reduction of salary 33.3(2) The Clerk's salary must not be reduced except on a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly. S.M. 2022, c. 20, s. 5 . Civil Service Superannuation Act applies 33.4 The Clerk is an employee within the meaning of The Civil Service Superannuation Act . S.M. 2022, c. 20, s. 5 . Suspension or removal 33.5(1) The Clerk may be suspended or removed from office by a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly. Suspension if Assembly not sitting 33.5(2) If the Assembly is not sitting, the Speaker may, with the prior approval of the management commission, suspend the Clerk for cause. Length of suspension 33.5(3) A suspension under subsection (2) ends no later than 30 sitting days of the Assembly after the suspension came into effect. S.M. 2022, c. 20, s. 5 . Deputy Clerk 33.6(1) On the recommendation of the Clerk and with the prior approval of the management commission, a Deputy Clerk may be appointed in accordance with section 8 of The Legislative Assembly Management Commission Act . Powers and duties 33.6(2) If the Clerk is absent or unable to act or if the office is vacant, the Deputy Clerk has the powers and duties of the Clerk. Salary in certain cases 33.6(3) If the Deputy Clerk has assumed the Clerk's responsibilities for an extended period, the management commission may, by resolution, direct that the Deputy be paid a salary within the same range as the Clerk's salary. No other public office 33.6(4) The Deputy Clerk may not hold any other public office or engage in any partisan political activity. S.M. 2022, c. 20, s. 5 . POWERS AND PRIVILEGES OF ASSEMBLY SUMMONING WITNESSES AND TAKING EVIDENCE Power to compel attendance of witnesses 34 The Legislative Assembly may, at all times, command and compel the attendance before it or any committee thereof, of such persons, and the production of such papers and things, as the assembly or committee may deem necessary for any of its proceedings or deliberation. Warrant for attendance of witnesses 35(1) Where the Legislative Assembly requires the attendance of any person before the assembly or before any committee thereof, the Speaker may issue a warrant or subpoena to the person named in the order of the assembly, requiring the attendance of the person before the assembly or a committee thereof and the production of such papers and things as are ordered. Form of warrant 35(2) Every warrant may command the aid and assistance of all sheriffs, bailiffs, constables, and others, and any refusal or failure to give aid and assistance, when required, is a contravention of this Act. Examination on oath 36(1) The Legislative Assembly may examine on oath any witness at the bar of the assembly. Administration of oath 36(2) The oath may be administered by the Speaker. Power of committees to examine on oath 37(1) Any standing or select committee of the Legislative Assembly to which any bill, or other matter or cause, has been referred by the assembly, may examine witnesses upon oath upon matters relating to the bill, matter or cause. Administration of oath 37(2) The chairperson or any member of the committee may administer the oath to any witness. Extra-mural examination of witnesses 38 Where the evidence of any person is required in connection with any matter that is the subject of inquiry by the Legislative Assembly or any committee thereof, and it is necessary to take the person's evidence outside the assembly or committee, the Speaker, when thereunto authorized by a resolution of the assembly, may make an order for the examination, upon oath before any person, at any place, of such person. Assembly, court of record 39 The assembly is a court of record and possesses all the rights, powers, and privileges, of a court of record for the purposes of sections 34 to 37. JURISDICTION OF ASSEMBLY Judicial powers of assembly in certain matters 40(1) The Legislative Assembly has the rights, powers, and privileges, of a court for the purpose of summarily inquiring into and punishing, as breaches of privilege or as contempt of court, the acts, matters, and things, following: (a) assaults, insults to, or libels upon, members of the assembly during the session of the Legislature; (b) obstructing, threatening, or attempting to coerce or intimidate, members of the assembly; (c) the offering of a bribe to, or acceptance of, a bribe by, any member of the assembly to influence the member in their proceedings as such, or the offering of any compensation to, or acceptance of any compensation by, any member for, or in respect of the promotion of any bill, resolution, matter, or thing, submitted to, or intended to be submitted to, the assembly or any committee thereof; (d) assaults upon, or interference with, officers of the assembly, while in the execution of their duty; (e) tampering with any witness in regard to evidence to be given by the witness before the assembly or any committee thereof; (f) presenting to the assembly or any committee thereof any forged or falsified document with intent to deceive the assembly or committee; (g) forging, falsifying, or unlawfully altering, any of the records of the assembly, or of any committee thereof, or any document or petition presented or filed, or intended to be presented or filed, before the assembly or committee, or the setting or subscribing by any person, of the names of any other person to any document or petition with intent to deceive; (h) giving false evidence, or prevaricating or otherwise misbehaving in giving or refusing to give evidence or produce papers, before the assembly or any of its committees; (i) disobedience to subpoenas or warrants issued under the authority of this Act to compel the attendance of witnesses before the assembly or any of its committees; (j) the bringing of any civil action or prosecution against, or the causing or effecting of any arrest or imprisonment of, any member of the assembly, for or by reason of any matter or thing brought by the member by petition, bill, resolution, motion, or otherwise, or by reason of anything said by the member before the assembly; (k) the causing or effecting of the arrest, detention, or molestation, of any member of the assembly for any debt or cause whatever of a civil nature, during any session of the Legislature. Necessary and incidental powers 40(2) For the purposes of this Act, the assembly possesses all such powers and jurisdiction as may be necessary or expedient for inquiring into, judging, and pronouncing upon, the commission or doing of any of the acts, matters, or things, and awarding and carrying into execution the punishment thereof, provided for by this Act. S.M. 1989-90, c. 90, s. 22 . Penalty for breach of section 40 41 Every person who, upon such an inquiry, appears to have committed or done any of the acts, matters, or things, mentioned in section 40, in addition to any other penalty or punishment to which the person is by law subject, is liable to an imprisonment for such time as is determined by the assembly. Warrant of committal upon imprisonment 42(1) Where the Legislative Assembly declares that any person has been found guilty of any breach of privilege or of a contempt in respect of the acts, matters, and things, mentioned in section 40, and directs that the person be kept and detained in the custody of the Sergeant-at-Arms attending the assembly, the Speaker shall issue their warrant to the Sergeant-at-Arms to take the person into custody in accordance with the order of the assembly. Speaker's warrant 42(2) Where the assembly directs that the imprisonment be in a correctional institution, the Speaker shall issue their warrant to the Sergeant-at-Arms and to the governor or keeper of the correctional institution, commanding the Sergeant-at-Arms to take the person into custody and to deliver the person to the governor or keeper to receive and keep and detain the person in custody in accordance with the order of the assembly. Assembly's decision final 43 The determination of the Legislative Assembly upon any proceedings under this Act is final and conclusive. IMMUNITIES AND PRIVILEGES No liability for act done under authority of assembly 44 No person is liable in damages or otherwise for any act done under the authority of the Legislative Assembly and within its legal power or under or by virtue of any warrant or subpoena issued under that authority. Protection of members from actions 45(1) No member of the Legislative Assembly is liable to any civil action or prosecution, arrest, imprisonment, or damages, (a) by reason of any matter or thing brought by the member by petition, bill, resolution, motion, or otherwise; or (b) by reason of anything said by the member before the assembly or any committee thereof. Except for breach of Act member immune from civil arrest during session 45(2) Except for a contravention of this Act, or The Conflict of Interest (Members and Ministers) Act , no member of the Legislative Assembly is liable to arrest, detention, or molestation, for any debt or cause whatever of a civil nature during any session of the Legislature. S.M. 2021, c. 23, s. 65 . Members, etc. exempt from jury service 46 All members, officers, and employees, of the Legislative Assembly and all witnesses summoned to attend before the assembly or any committee thereof, are exempt from attending or serving as jurors before any court in the province during any session of the Legislature. Rights under Conflict of Interest Act 47 Nothing in sections 40 to 46 (a) shall be interpreted to abridge or deny any duty imposed, or any right, privilege or power granted, under The Conflict of Interest (Members and Ministers) Act ; or (b) authorizes the Legislative Assembly to inquire into the conduct of any court proceeding under The Conflict of Interest (Members and Ministers) Act or to punish any person for initiating or participating in any court proceeding under that Act. S.M. 2021, c. 23, s. 65 . RESPECTING ACTIONS Protection to person publishing report 48(1) Where a civil proceeding against any person is commenced for or in respect of the publication of any report, paper, votes, or proceedings, of the Legislative Assembly published by the person by or under the authority of the assembly, the person may lay before the court in which the proceeding is pending a certificate under the hand of the Speaker, or of the clerk of the assembly, stating that the report, paper, votes, or proceedings, in respect to which the proceedings or prosecution was commenced was published by the person by order or under the authority of the assembly, and the certificate shall be verified by an affidavit. Stay of proceedings 48(2) The court shall thereupon immediately stay the proceeding or prosecution, and it shall be finally put an end to, determined, and superseded. Protection to person in publishing copy of report 49(1) Where a civil proceeding against any person is commenced for or in respect of the publication of a copy of any report, paper, votes, or proceedings, of the Legislative Assembly, the defendant at any stage of the proceedings may lay before the court the report, paper, votes, or proceedings, and the copy, with an affidavit verifying the report, paper, votes, or proceedings, and the correctness of the copy. Stay of proceedings 49(2) The court shall thereupon immediately stay the proceeding or prosecution, and it shall be finally put an end to, determined, and superseded. Bona fide publication a defence 50 In any civil proceeding against any person for publishing any extract from, or abstract of, any report, paper, votes, or proceedings, of the Legislative Assembly, if the defendant shows that the extract or abstract was published bona fide and without malice it is a good defence to the proceeding. Journals of House as evidence 51 A copy of the journals of the Legislative Assembly, printed or purporting to be printed by order of the assembly, shall be admitted as evidence of the journals by all courts, justices, and others, without any proof being given that the copies were so printed. SAVING CLAUSE Act not to abridge rights and privileges 52 Except so far as is provided in this Act, nothing herein deprives the Legislative Assembly, or any committee or member thereof, of any rights, immunities, privileges, or powers, that the assembly, committee, or member might, but for this Act, have been entitled to exercise or enjoy. GENERAL PROVISIONS Assembly records 52.1(1) Notwithstanding The Freedom of Information and Protection of Privacy Act or any other Act, every record relating to a member or to the administration of the Assembly that is in the possession of a department or branch of the executive government or a Crown agency is deemed to be and always to have been in the sole custody and under the sole control of the Assembly. Definition of "record" 52.1(2) In subsection (1), "record" means any kind of recorded information regardless of its physical form or characteristics. S.M. 1993, c. 53, s. 4 ; S.M. 1999, c. 18, s. 15 . Vacancy in seats not to invalidate proceedings of assembly 52.2 No omission or failure to elect a member or members in or for any electoral division, and no vacating of the seat or voiding of the election of any member or members, shall be deemed or taken to make the Legislative Assembly incomplete, or to invalidate any proceedings thereof, or to prevent the assembly from meeting and dispatching business, so long as there is a quorum of members present. S.M. 1993, c. 53, s. 9 . Debates to be grave and orderly 52.3 To the end that all the debates in the Legislative Assembly be grave and orderly, and that all interruptions be prevented, (a) if any member of the assembly makes any disturbance or acts in a disorderly manner whilst any member is orderly debating, or whilst any bill, order or other matter is being read or dealt with, the Speaker shall call upon the member by name making such disturbance; (b) if the member does not thereupon refrain from the disturbance or disorderly conduct, and does not forthwith make due amends to the assembly therefor, the Speaker shall thereupon censure the member and shall direct the member to be taken into custody by the Sergeant-at-Arms and detained in such custody for such period as the Speaker orders; (c) if the assembly is in committee of the whole when any such disorder or disturbance takes place, the committee shall forthwith rise, report progress and ask leave to sit again, and the chairperson shall inform the Speaker of the fact of the disorder or disturbance, whereupon the Speaker shall deal therewith in the manner hereinbefore provided for as fully and effectually and in all respects as if the disorder or disturbance had taken place while the Speaker was occupying the chair. S.M. 1993, c. 53, s. 9 . 52.3.1 [Repealed] S.M. 2006, c. 15, Sch. E, s. 1 ; S.M. 2010, c. 33, s. 31 ; S.M. 2018, c. 3, s. 2 . Expenses of assembly 52.4 All expenses incurred in connection with the conduct of the business of the assembly, including expenses of meetings of any committee of the assembly, shall be paid from and out of the Consolidated Fund with moneys authorized under an Act of the Legislature to be so paid and applied. S.M. 1993, c. 53, s. 9 . Life of committees 52.5(1) Each standing committee of the assembly continues as a committee of the assembly until dissolution of the assembly and each other committee of the assembly, whether select or special, appointed and constituted by the assembly continues as a committee of the assembly until (a) dissolution of the assembly; or (b) the first sitting of the session immediately following the session at which the committee was constituted; or (c) the committee is dissolved by resolution of the assembly; whichever occurs first; and any committee, whether standing, select or special, may meet and conduct its business during recess and after prorogation as long as it continues as a committee. Reports of committees 52.5(2) A report of a committee of the assembly may be received in the assembly after the committee has ceased to exist. 52.5(3) and (4) [Repealed] S.M. 2004, c. 42, s. 35 . Referral of matter to committee by Lieutenant Governor in Council 52.5(5) The Lieutenant Governor in Council may refer a matter to a committee of the assembly, whether standing, select or special, for consideration and report, and the report of the committee with respect to the matter shall be made to the assembly and to the Lieutenant Governor in Council. S.M. 1993, c. 53, s. 9 ; S.M. 2004, c. 42, s. 35 . Endorsement of assent or reservation of Act 52.5.1(1) The Clerk of the Assembly shall enter on every Act of the Legislature, immediately after its title, the day, month and year when it was assented to or reserved by the Lieutenant Governor. Endorsement when Act reserved 52.5.1(2) When an Act is reserved, the clerk shall also enter the day, month and year when the Lieutenant Governor signifies — either by speech or message to the Assembly or by proclamation — that it was laid before the Governor General in Council and that the Governor General in Council assented to it, and the entry shall be part of the Act. S.M. 2000, c. 26, s. 60 . PART 2 REMUNERATION AND RETIREMENT BENEFITS DEFINITIONS Definitions 52.6 In this Part, "commissioner" means the commissioner appointed under section 52.7; (« commissaire ») "member of the Executive Council" means a person appointed to the Executive Council under The Executive Government Organization Act. (« membre du Conseil exécutif ») S.M. 1993, c. 53, s. 5 ; S.M. 2002, c. 57, s. 2 ; S.M. 2022, c. 20, s. 5 . COMPLIANCE REPORT Compliance report 52.6.1(1) Within six months after each general election, the manager of the Members' Allowances Office referred to in section 52.29 must (a) prepare a report that, for each type of allowance — other than severance allowance under item 7 of subsection 52.8(1) or section 52.21 — paid to members for the period consisting of all fiscal years that ended during the immediately preceding Legislative Assembly, (i) states the total of the amounts paid for the period, (ii) describes any administrative or interpretive issues that arose in the administration of the allowance, and (iii) verifies whether the amounts were paid in compliance with this Part and the regulations under this Part; (b) arrange for the report to be audited by the Auditor General; and (c) submit the report, together with the auditor's opinion, to the Speaker. Report to be tabled 52.6.1(2) The Speaker must table a copy of the report, together with the auditor's opinion, in the Assembly on any of the first 15 days on which the Assembly is sitting after the Speaker receives the report. Report to be distributed and made public 52.6.1(3) The Speaker must also ensure that, within 15 days after receiving it, the report, together with the auditor's opinion, (a) is distributed to the members and to the commissioner appointed under section 52.7; and (b) after being distributed to the members, is posted on the Assembly's website. S.M. 2009, c. 41, s. 2 ; S.M. 2010, c. 33, s. 31 ; S.M. 2011, c. 35, s. 27 ; S.M. 2021, c. 9, s. 2 . COMMISSIONER Appointing a commissioner 52.7(1) The management commission must appoint a commissioner whose responsibility it is (a) to decide on the appropriate salary, allowances and retirement benefits for members; and (b) to make regulations to implement them.
