The Legislative Assembly Management Commission Act

The Legislative Assembly Management Commission Act, C.C.S.M. c. L114 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Continuation of commission 3 Composition of commission 4 Speaker presiding officer 5 Quorum 5.1 Minutes of meeting 6 Duties and responsibility of commission 6.1 Criteria or guidelines re public funds 6.2 Annual financial report of caucuses and members 6.3 Mailing expense budget 7 Reports of commission 8 Staff of Assembly offices 9 Estimates of expenditure 10 Members services, etc. 11 Delegation by commission 12 Inquiry by Speaker on complaint 13 Rules and regulations 14 Rules, etc. of Board of Internal Economy HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act "assembly offices" means (a) the office of the Speaker, (b) the office of the Clerk, (c) the offices required for the administration of the Assembly, The Legislative Assembly Act and this Act, (d) the office of the leader of the Official Opposition, (e) the offices of the leaders of other opposition parties, (f) the offices of the caucus of the government party, the official opposition and other opposition parties, and (g) the offices of the members who are not members of the Executive Council; (« bureaux de l'Assemblée ») "Clerk" means the Clerk of the Assembly; (« greffier ») "commission" means the Legislative Assembly Management Commission; (« Commission ») "commissioner" means the Speaker or a commissioner appointed to the commission; (« commissaire ») "member" means a member of the Legislative Assembly; (« député ») "official opposition" means the opposition party represented in the Assembly by more members than any other opposition party; (« opposition officielle ») "other opposition party" means an opposition party other than the official opposition and represented in the Assembly by four or more members; (« autre parti d'opposition ») "presiding commissioner" means the commissioner elected under subsection 4(2) to preside at meetings of the commission in the absence of the Speaker or when there is no Speaker; (« commissaire présidant ») "Speaker" means the Speaker of the Assembly and includes, in the absence of the Speaker or when there is no Speaker, the presiding commissioner. (« président ») Continuation of commission 2 The Legislative Assembly Management Commission is continued. Composition of commission 3(1) The commission shall be composed of (a) the Speaker; (b) four members of the Assembly, and if there are one or more other opposition parties, five members of the Assembly appointed by the government caucus; (c) three members of the Assembly appointed by the caucus of the official opposition; and (d) if there are one or more other opposition parties, one member of the Assembly appointed by the caucus of the largest other opposition party. Commissioners ceasing to be member 3(2) A commissioner who, for any reason, ceases to be a member, ceases ipso facto to be a commissioner. Speaker presiding officer 4(1) The Speaker is the presiding commissioner of the commission. Other presiding commissioner 4(2) Upon the Clerk calling a meeting of the commission pursuant to subsection (4), or when there is no person elected by the commission to preside at its meetings in the absence of the Speaker or when there is no Speaker, or in the absence of such a person, the commission shall, as soon as practicable, elect from among the commissioners a commissioner to preside at meetings of the commission in the absence of the Speaker or when there is no Speaker. Clerk as secretary 4(3) The Clerk is the secretary of the commission. Calling meetings of the commission 4(4) The commission shall meet at the call of the Speaker, or, in the absence of the Speaker or when there is no Speaker, at the call of the presiding commissioner, or, in the absence of both the Speaker and the presiding commissioner or when there is neither a Speaker nor a presiding commissioner, and for the purpose only of electing a presiding commissioner and for the general organization of the commission, at the call of the Clerk. Quorum 5(1) A quorum of the commission consists of (a) the Speaker or the presiding commissioner; (b) one commissioner appointed by the government caucus; and (c) one commissioner appointed by the caucus of an opposition party; provided that where the commission meets at the call of the Clerk pursuant to subsection 4(4), clause (a) shall not apply. Allowances for commissioners 5(2) Commissioners shall be allowed and paid, from and out of the Consolidated Fund, an indemnity and expenses for attending meetings of the commission on the same basis and the same amounts as members attending meetings of a standing or special committee of the Assembly and the allowances payable under this section shall be paid without any further or other appropriation by the Legislature. Minutes of meeting 5.1(1) Within 30 days after each meeting of the commission, the Speaker must approve minutes that record the decisions of the commission at that meeting. Before approving the minutes, the Speaker must review them with the house leaders. Minutes to be distributed and made public 5.1(2) Subject to subsections (3) and (4), the Speaker must ensure that, within 15 days after approving the minutes, (a) copies of the minutes are distributed to the members; and (b) after they are distributed to members, a copy of the minutes is posted on the Assembly's website. Protection of confidential information 5.1(3) A decision about any of the following matters must not be included in the minutes that are circulated or posted under subsection (2) and must not be disclosed to, or made available for inspection by, any member of the public: (a) a personnel matter relating to one or more employees of the Assembly or to one or more assembly offices; (b) a legal matter involving existing or anticipated legal proceedings; (c) a matter relating to the preparation of annual estimates of expenditure of the Assembly and the assembly offices. Protection of privacy 5.1(4) The Speaker must ensure that the minutes circulated or posted under subsection (2) do not contain information that identifies an individual. S.M. 2009, c. 41, s. 9 . Duties and responsibility of commission 6(1) The commission (a) is responsible for carrying out those Rules of the Assembly and those provisions of The Legislative Assembly Act which relate to the financial management of the Assembly; (b) shall review the estimates of expenditure and the establishment of positions for staff required for the proper conduct of the business operation of the Assembly and for the Assembly offices and for the Advocate for Children and Youth, the Auditor General, the Chief Electoral Officer, the Ethics Commissioner appointed under The Conflict of Interest (Members and Ministers) Act , the Information and Privacy Adjudicator appointed under The Freedom of Information and Protection of Privacy Act , the Ombudsman, the registrar appointed under The Lobbyists Registration Act , the Seniors' Advocate, and their respective offices; (b.1) is responsible for determining the salary and benefits of (i) the Advocate for Children and Youth in accordance with section 5 of The Advocate for Children and Youth Act , (ii) the Auditor General in accordance with section 5 of The Auditor General Act , (iii) the Chief Electoral Officer in accordance with section 24 of The Elections Act , (iv) the Clerk of the Assembly in accordance with section 33.3 of The Legislative Assembly Act , (v) the Ethics Commissioner appointed under The Conflict of Interest (Members and Ministers) Act , (vi) the Information and Privacy Adjudicator in accordance with section 58.1 of The Freedom of Information and Protection of Privacy Act , (vii) the Ombudsman in accordance with section 7 of The Ombudsman Act , (viii) the registrar in accordance with section 11 of The Lobbyists Registration Act , and (ix) the Seniors' Advocate under The Seniors' Advocate Act ; (c) is responsible, in cooperation with the government, for the provision of facilities and services required by the members of the Assembly, by the caucuses of the various parties to the Assembly and by the leaders of the parties in opposition; (d) is responsible for formulating administrative policies in respect of the Clerk and the offices required for the administration of the Assembly, The Legislative Assembly Act and this Act; and (e) [repealed] S.M. 2017, c. 17, s. 13 ; (f) may advise upon and give directions respecting the efficient and effective operations and management of the Assembly. Agreements concerning officers of the Assembly 6(2) For the purpose of clause (1)⁠(b.1), the commission may approve the salary and benefits to be received by an officer of the Assembly and the periods during which a deputy of an officer may be paid a salary within the range of the officer. S.M. 1998, c. 6, s. 14 ; S.M. 2001, c. 39, s. 31 ; S.M. 2010, c. 33, s. 32 ; S.M. 2017, c. 8, s. 48 ; S.M. 2017, c. 17, s. 13 ; S.M. 2021, c. 23, s. 66 ; S.M. 2022, c. 20, s. 10 and 16; S.M. 2024, c. 35, Sch. E, s. 25 . Criteria or guidelines 6.1(1) The commission must, as soon as reasonably practicable after the coming into force of this section, establish criteria or guidelines to ensure public funds are used appropriately in respect of (a) material printed, mailed or distributed electronically; and (b) advertising in newspapers, magazines or other periodicals, on the Internet, on radio or television, or on billboards, buses or other property normally used for commercial advertising; by members and by caucuses of recognized political parties. Definition: "public funds" 6.1(2) In subsection (1), "public funds" means (a) money paid under section 52.23 of The Legislative Assembly Act ; and (b) money that is appropriated by the Legislature (i) to enable a member to communicate with their constituents, or (ii) for use by a caucus of a recognized political party or a member who does not belong to the caucus of a recognized political party. Parties without a commissioner to have a member invited 6.1(3) When calling a meeting of the commission to consider the criteria or guidelines to be established under this section or the mailing expense budget to be established under section 6.3, the Speaker or the presiding commissioner, as the case may be, must also invite a member who has been designated by a political party that is represented in the Assembly but that is not represented on the commission. Interim criteria or guidelines 6.1(4) If the Speaker is satisfied that the commission has been unable to develop the criteria or guidelines under subsection (1) in a timely fashion and by consensus, the Speaker must, after consulting with the leaders of the political parties represented in the Assembly, appoint an individual whose duty is to prepare interim criteria or guidelines. Distribution and effective date 6.1(5) Once the individual appointed by the Speaker has prepared the interim criteria or guidelines, the individual must file them with the Speaker, who must then distribute copies to each member. The interim guidelines are effective on the date they are distributed by the Speaker and remain effective until criteria or guidelines are established under subsection (1). S.M. 2008, c. 43, Sch. E, s. 2 . Annual financial report of caucuses and members 6.2(1) The commission must, as soon as reasonably practicable after the coming into force of this section, establish requirements respecting the annual financial report of a caucus and a member that received an allowance under section 52.23 of The Legislative Assembly Act . Requirements 6.2(2) Without limiting subsection (1), the commission may establish requirements respecting (a) the deadline for filing an annual financial report; (b) the form of an annual financial report; (c) the information to be disclosed in an annual financial report; and (d) the method the Speaker is to use to ensure that annual financial reports are made available to the public. Speaker to ensure that reports are available 6.2(3) As soon as reasonably practicable after filing, the Speaker must ensure that the annual financial report of a caucus and a member are made available to the public. S.M. 2008, c. 43, Sch. E, s. 2 . Mailing expense budget 6.3(1) For the 2009-10 fiscal year and for each subsequent fiscal year, the commission must establish a mailing expense budget for members and the caucuses of the various parties to the Assembly, and allocate the budgeted amount among members and the caucuses. Minimum mailing expense budget: 2009-11 fiscal years 6.3(2) For the 2009-10 and 2010-11 fiscal years, (a) the total amount of the mailing expense budget established under subsection (1) must not be less than the average of the annual amounts expended by the members in the three fiscal years immediately preceding the 2009-10 fiscal year; and (b) the percentage of the budget allocated (i) to the official opposition must not be less than the average percentage of the mailing expense budget expended by the official opposition in each of the three fiscal years immediately preceding the 2009-10 fiscal year, and (ii) to independent members must not be less than the average percentage of the mailing expense budget expended by independent members in each of the three fiscal years immediately preceding the 2009-10 fiscal year. Franking expenses excluded 6.3(3) For the purpose of determining the amounts expended under subsection (2), the expenses incurred under subsections 52.22(1) and (3) of The Legislative Assembly Act are excluded. Exceeding budget requires approval 6.3(4) A member or caucus may not exceed its allocated mailing budget without the Speaker's prior approval. S.M. 2008, c. 43, Sch. E, s. 2 . Reports of commission 7 The commission shall make such reports to the Assembly as it deems necessary in respect of matters relating to its duties and functions and in any event not less than once in every year. Staff of Assembly offices 8(1) The commission shall determine the method of appointment of staff for the Assembly and for the Assembly offices and may use the services of the Public Service Commission in the employment of staff for the Assembly offices. Salary and wages of staff 8(2) Such employees as may be required for the purposes of the Assembly, the Assembly offices, and conducting the business of the commission, may, unless otherwise provided in another Act, be appointed by the commission and every person so appointed shall (a) discharge and perform such duties as the Assembly and the commission determine; and (b) be paid a salary or other remuneration as determined by the commission in conformity with the classifications and rates of pay under Part 3 of The Public Service Act . The staff for the Assembly and for the Assembly offices have, as far as practical and possible, the rights, privileges and benefits of employees of the government. 8(3) [Renumbered as subsection 8(7)] Staff under Civil Service Superannuation Act 8(4) The Civil Service Superannuation Act applies to the staff for the Assembly and the staff of the Assembly offices. Code of conduct and action plan under Part 2 of Public Service Act 8(5) Insofar as is practical and possible, the commission shall establish (a) a code of conduct based on the values for an ethical public service as set out in section 4 of The Public Service Act ; and (b) an action plan for the delivery of services based on the values for an effective public service as set out in section 5 of The Public Service Act . The code of conduct and action plan must be made available to the public in a form that the commission considers appropriate. Complying with Part 3 of Public Service Act 8(6) Insofar as is practical and possible, the commission shall comply with the provisions of Part 3 of The Public Service Act . Seconded staff 8(7) Wherever possible and practical, the commission shall, in lieu of appointing employees under subsection (2), arrange with various departments of the executive government to assign employees within the departments to discharge and perform duties and functions required for the purposes of the Assembly, the Assembly offices and conducting the business of the commission. S.M. 2021, c. 11, s. 107 . Estimates of expenditure 9(1) Upon the commission completing its review of the estimates of expenditure for the Assembly, the Assembly offices, the Auditor General, the Chief Electoral Officer, the Advocate for Children and Youth, the Seniors' Advocate and the Ombudsman and their respective offices, for any fiscal year, the Speaker shall send a copy of the estimates to the Minister of Finance who shall review and, where appropriate and in consultation with the commission, prepare final estimates of expenditure for those purposes and include them in the Main Estimates of Expenditure of the government for that fiscal year. Consideration of estimates in committee 9(2) When the Estimates of Expenditure for the Assembly and the Assembly offices are considered by a committee of the House, a commissioner designated by the Speaker, shall be present to speak to, explain and support the estimates. Audit 9(3) The Auditor General must audit the accounts of the commission and the Assembly offices at least once in each year. S.M. 1998, c. 6, s. 14 ; S.M. 2001, c. 39, s. 31 ; S.M. 2004, c. 42, s. 36 ; S.M. 2008, c. 42, s. 59 ; S.M. 2011, c. 35, s. 28 ; S.M. 2017, c. 8, s. 48 ; S.M. 2024, c. 35, Sch. E, s. 25 . Members services, etc. 10(1) Whenever it is practical, the services and supplies required for the Assembly and the Assembly offices, and for the members for the purposes of permitting them to perform their duties and functions as members, shall be provided through the departments and branches of the executive government which provide similar services and supplies to the various departments of the executive government. Speaker's authority to purchase, etc. 10(2) Subject to subsection (1) and to the supervision of the commission and the Treasury Board and within the limits of moneys appropriated by the Legislature for the purpose or otherwise lawfully available for the purpose the Speaker, for and on behalf of the commission may enter into agreements and purchase services, goods and materials which the Speaker considers necessary or advisable for the purposes of carrying out the duties and functions of the commission subject to any limitations or restrictions imposed by the commission. Position of Commission in using government services 10(3) Where, under an Act of the Legislature or regulations made thereunder, ministers of the Crown or departments of the government may use services provided by the government for the purposes of government programs administered under the ministers or through the departments, the Commission may use those services for the purposes of administering the business and activities of the Assembly and for the purposes of that Act or those regulations, the Commission shall be deemed to be a department of the government and to have all the powers and authority of a minister of the Crown. Delegation by commission 11(1) The commission may delegate any of its duties, powers or authority under section 8, 9, 10 or 12 to the Speaker. Delegation by Speaker 11(2) With the approval of the commission, the Speaker may delegate any of the Speaker's duties, powers or authority in the administration of the affairs of the commission or under this Act, other than the duties, powers and authority to sit and vote as a member of the commission, to the Clerk or other officials of the Assembly or employees of the government. S.M. 1989-90, c. 19, s. 2 and 3. Inquiry by Speaker on complaint 12(1) Where a complaint or a representation is made to the Speaker of the misconduct or unfitness of any officer, employee, messenger or other person attendant on the Assembly or any member of the staff of the Assembly offices, the Speaker may cause an inquiry to be made into the conduct or fitness of the person. Speaker may suspend in certain cases 12(2) If, upon making an inquiry under subsection (1), the Speaker is satisfied that the person in respect of whom the inquiry was made has been guilty of misconduct or is unfit to hold the position, the Speaker may, if the person has been appointed by the commission, suspend the person and report the suspension to the commission, and upon the report the commission may quash the suspension, continue the suspension for the period fixed by the Speaker or for a longer or shorter period fixed by the commission or dismiss the person. Restrictions on suspensions, etc. 12(3) Subsection (2) does not apply to an officer or employee the suspension or dismissal of whom is governed by Part 3 of The Public Service Act or any other Act of the Legislature. S.M. 2021, c. 11, s. 107 . Rules and regulations 13 For the purpose of carrying out the provisions of this Act according to their intent, the commission may make rules or regulations ancillary to this Act and not inconsistent therewith or with The Legislative Assembly Act or with the Rules of the Assembly; and any rule or regulation made under this Act is not a regulation within the meaning of The Statutes and Regulations Act and that Act does not apply to them. S.M. 2013, c. 39, Sch. A, s. 70 . Rules, etc. of Board of Internal Economy 14(1) All rules and regulations made by the former Board of Internal Economy commissioners that are in force on the coming into force of this Act continue in force as though they had been made by the Commisson until they are rescinded or varied by the Commission. Agreements, orders, etc. 14(2) All orders, requisitions, agreements, vouchers and decisions issued or made by the former Board of Internal Economy commissioners shall be deemed to have been made by the Commission.