Legislative Assembly Act, 2007, L-11.3
This Act sets rules for the Saskatchewan Legislative Assembly, including membership, speaker roles, privileges, voting, resignations, by-elections, and member payments.
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This Act sets rules for the Saskatchewan Legislative Assembly, including membership, speaker roles, privileges, voting, resignations, by-elections, and member payments. This part sets pay, powers, administration rules, security limits, library deposit duties, and publication rules for the Legislative Assembly and related officials.
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Provisions of Legislative Assembly Act, 2007, L-11.3
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AI-assisted research summary: This Act sets rules for the Saskatchewan Legislative Assembly, including membership, speaker roles, privileges, voting, resignations, by-elections, and member payments.
1 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 The Legislative Assembly Act, 2007 being Chapter L‑11.3* of The Statutes of Saskatchewan, 2007 (effective March 21, 2007) as amended by The Statutes of Saskatchewan, 2008, c 6; 2009, c V‑7.21; 2012, c 20; 2014, c 11; 2015, c 14; 2017, c 3; 2019, c 9 and c 30; 2020, c 15; 2022, c 20; and 2023, c 31. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 Table of Contents PART I 29 Service of civil proceedings Short Title and Interpretation 30 Exemption from jury service 1 Short title 31 Consequences if member convicted of indictable 2 Interpretation offence 3 Principles for construing this Act 32 Rights of Legislative Assembly not affected PART II 33 Appropriations from public revenue require Legislative Assembly recommendation DIVISION 1 DIVISION 5 Composition and Duration Witnesses and Evidence 4 Composition of Legislature 34 Examination by committee 5 Composition of Legislative Assembly 35 Compelling witnesses 6 Duration 36 Examination of witnesses at any time and place 7 Required sitting every 12 months 37 Legislative Assembly a court of record 8 Demise of Crown DIVISION 6 8.1 When general elections must be held Prohibited Practices 8.2 Prerogative of Crown not affected 38 Receiving prohibited fee, compensation or reward 9 Quorum 39 Seat vacant for contravening section 38 9.1 Repealed DIVISION 7 Resignation or Vacancy DIVISION 2 40 Member may resign Qualifications of Members 10 Who is eligible to be a member 41 Vacating seat by written resignation to Clerk 11 Who is not eligible to be a member 42 Vacancy in case of death or for reasons other than resignation 12 Provincial employees not eligible to be members 43 Actions on receipt of written statements 13 Oath or affirmation required before taking seat 44 Member not to resign until declared elected 14 When a member not disqualified 45 Resignation not to affect controverted election 15 Offence for ineligible person taking place and voting proceedings DIVISION 3 DIVISION 8 Speaker and Other Presiding Officers By-elections 16 Election of Speaker 46 Rules re by‑elections 17 Deputy Speaker PART III 18 When Deputy Speaker or Deputy Chair of Payments to Members Committees to perform duties of Speaker DIVISION 1 19 Election of Speaker for the day Members’ Indemnity and Allowances 20 Validity of proceedings 46.1 Payments to members ‑ 2017‑2018 fiscal year 21 Voting 47 Annual indemnity 22 Deputy Chair of Committees 48 Annual expense allowance DIVISION 4 49 Allowances to members Jurisdiction, Rights, Privileges, 50 How to compute certain amounts – status of Immunities and Powers member as member 23 Rights, privileges, immunities and powers – generally 51 Travel expenses in discharge of duties 24 Jurisdiction of Legislative Assembly 52 Reimbursement for expenses of members acting 25 Order of punishment for government 26 Assembly’s determinations and findings final 53 Benefits plans 27 Protection of persons acting under authority 54 Funding for research and other services of the Legislative Assembly 55 Payments to be made out of general revenue fund 28 Immunities of members 56 Review of use of allowances, etc. 3 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 DIVISION 2 DIVISION 4 Salaries and Other Payments Organization of Legislative 57 Payments if holding more than one position Assembly Service 58 Salary for Speaker and Deputy Speaker 77 Clerk 59 Salary for Leader of the Opposition 77.1 Appointment of Clerk 60 Salary for Deputy Leader of the Opposition 77.2 Removal or suspension by Legislative Assembly 61 Salary for Leader of the Third Party 77.3 Suspension when Legislative Asssembly not in session 62 Salaries to certain other members 77.4 Salary of the Clerk 63 Salary if two largest opposition caucuses have 78 Law Clerk and Parliamentary Counsel equality of membership 79 Appointment and removal of officers and staff 64 Salaries under section 62 to cease on polling day, etc. 80 Legislative Library DIVISION 3 81 Legislative Library as official depository Committee to Review Salaries, DIVISION 4.1 Indemnity and Allowances Office of the Speaker 65 Review committee 81.1 Office of the Speaker 66 Board to review and may implement report 81.2 Employees PART IV Administration of Legislative Assembly 81.3 Policies DIVISION 1 DIVISION 5 Board of Internal Economy Publication 67 Board continued 82 Production of official reports to court 68 Powers and duties of board 83 Good faith publication DIVISION 2 84 Copies of official documents Estimates of Legislative Assembly PART V 69 Estimates – presentation Executive Council 69.1 Expenses limited to appropriation 85 Repealed 69.2 Quarterly financial forecasts 86 Repealed 87 Repealed 69.3 Unprovided for or unforeseen expenses 88 Repealed DIVISION 3 89 Repealed Legislative Assembly Service 70 Legislative Assembly Service 90 Repealed 71 Terms of employment 91 Repealed 72 Speaker to preside over Legislative Assembly Service 92 Repealed 73 Board may request allocation of space, services 93 Repealed or goods 94 Repealed 74 Repealed 95 Repealed 75 Agreements entered into by board PART VI 76 Grants Repeal, Consequential Amendment and Coming into Force DIVISION 3.1 96 SS 2005, c L‑11.2 repealed Security within Legislative District 97 SS 1998, c J‑4.2, section 3 amended and Legislative Precinct 98 Coming into force 76.1 Definitions for Division Schedule 76.2 Director of Legislative Security 76.3 Weapons 76.4 Security of Legislative Precinct 4 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 5 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 CHAPTER L-11.3 An Act respecting the Legislative Assembly of Saskatchewan and making a consequential amendment to another Act PART I Short Title and Interpretation Short title 1 This Act may be cited as The Legislative Assembly Act, 2007. 2014, c 11, s 6. Interpretation 2 In this Act: “board” means the Board of Internal Economy continued pursuant to section 67; (« bureau ») “caucus” means a group of two or more members who belong to the same political party; (« caucus ») “Clerk” means the Clerk of the Legislative Assembly appointed pursuant to section 77.1; (« greffier ») “commissioner” means the commissioner appointed pursuant to The Members’ Conflict of Interest Act; (« commissaire ») “Deputy Speaker” means the member elected as Deputy Speaker in accordance with section 17; (« président adjoint ») “ fiscal year” means the period commencing on April 1 in one year and ending on March 31 in the next year; (« exercice ») “independent member” means a member who does not belong to a caucus; (« député indépendant ») “Leader of the Opposition” means the member who is designated by the opposition caucus as its leader and who is recognized as leader of the opposition caucus by the Speaker; (« chef de l’opposition ») “Leader of the Third Party” means the member who is designated by the third party caucus as its leader and who is recognized as leader of the third party caucus by the Speaker; (« chef du troisième parti ») “Legislative Assembly Service” means the Legislative Assembly Service continued pursuant to section 70; (« Service de l’Assemblée législative ») “member” means a member of the Legislative Assembly; (« député ») 6 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 “northern constituency” means a constituency lying north of the dividing line described in the Schedule to The Constituency Boundaries Act, 1993; (« circonscription septentrionale ») “opposition caucus” means the largest caucus sitting in the Legislative Assembly in opposition to the Government; (« caucus de l’opposition ») “sitting” means, with respect to the Legislative Assembly, a meeting of the Legislative Assembly that occurs on a particular day; (« séance ») “Speaker” means the member elected as Speaker in accordance with section 16; (« président ») “standing or special committee” means any standing committee that is established or continued in the Rules and Procedures of the Legislative Assembly or any special committee appointed by resolution of the Legislative Assembly; (« comité permanent ou spécial ») “Third Party” means the caucus led by the Leader of the Third Party; (« troisième parti ») “third party caucus” means the second largest caucus sitting in the Legislative Assembly in opposition to the Government if: (a) that caucus is composed of individuals affiliated with a political party that was registered pursuant to The Election Act, 1996 on the day of the last general election; or (b) that caucus is composed of individuals affiliated with a political party that is registered pursuant to The Election Act, 1996 and each of at least two of the members of that caucus had the endorsement of the registered political party with respect to the general election or by‑election at which he or she was elected to serve in the Legislative Assembly and was, in that regard, a candidate to whom subsection 45(3) of The Election Act, 1996 applied. (« caucus du troisième parti ») 2007, c L‑11.3, s 2; 2015, c 14, s 3. Principles for construing this Act 3 Unless otherwise expressly provided in this Act, this Act must not be construed as depriving the Legislative Assembly, any of its committees or a member of any rights, immunities, privileges or powers that the Legislative Assembly, committee or member might, but for this Act, have been entitled to exercise or enjoy. 2007, c L‑11.3, s 3. 7 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 PART II Legislative Assembly DIVISION 1 Composition and Duration Composition of Legislature 4 The Legislature of Saskatchewan consists of: (a) the Lieutenant Governor; and (b) the Legislative Assembly. 2007, c L‑11.3, s 4. Composition of Legislative Assembly 5 The Legislative Assembly consists of those persons elected pursuant to The Election Act, 1996 as members to represent the constituencies set out in the Schedule to The Representation Act, 2002. 2007, c L‑11.3, s 5. Duration 6 No Legislative Assembly is to continue for longer than five years from the date fixed for the return of the writs at a general election of members. 2007, c L‑11.3, s 6. Required sitting every 12 months 7 The Legislative Assembly must sit at least once in every 12 months. 2007, c L‑11.3, s 7. Demise of Crown 8(1) No Legislative Assembly shall determine or be dissolved by the demise of the Crown. (2) Notwithstanding the demise of the Crown, the Legislative Assembly continues and may meet, convene, sit, proceed and act in the same manner as if the demise had not happened. (3) Repealed. 2008, c 6, s 3. 2007, c L‑11.3, s 8; 2008, c 6, s 3. When general elections must be held 8.1(1) Unless a general election has been held earlier because of the dissolution of the Legislative Assembly, the first general election after the coming into force of this subsection must be held on Monday, October 26, 2020. (2) Subject to subsection (3), general elections following the general election held in accordance with subsection (1) must be held on the last Monday of October in the fourth calendar year after the last general election. 8 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 (3) If the writ period for a general election to be held in accordance with subsection (2) overlaps with the writ period for a general election to be held pursuant to subsection 56.1(2) or section 56.2 of the Canada Elections Act, the general election must be held on the first Monday of April in the calendar year following the calendar year mentioned in subsection (2). (4) In this section, “writ period” means the period commencing on the day that a writ is issued for an election and ending on polling day for that election. 2008, c 6, s 4; 2012, c 20, s 2; 2019, c 9, s 2. Prerogative of Crown not affected 8.2 Nothing in section 8 or 8.1 alters or abridges the power of the Crown to prorogue or dissolve the Legislative Assembly. 2008, c 6, s 4. Quorum 9 At least 15 members are necessary to constitute a quorum for the transaction of business in the Legislative Assembly and, for that purpose, the Speaker must be counted. 2007, c L‑11.3, s 9. 9.1 Repealed. 2020, c 15, s 4. DIVISION 2 Qualifications of Members Who is eligible to be a member 10 A person is eligible for nomination and election as a member only if that person: (a) is a Canadian citizen who is 18 years of age or more; (b) is ordinarily resident in Saskatchewan; and (c) is not otherwise disqualified pursuant to this Act or any other Act. 2007, c L‑11.3, s 10. Who is not eligible to be a member 11(1) The following persons are not eligible for nomination and election as a member: (a) the Governor General of Canada, a Lieutenant Governor of a province or Commissioner of a territory of Canada; (b) a judge of the Supreme Court of Canada, of the Federal Court of Appeal, of the Federal Court or of any superior, district or county court of any province or territory of Canada; 9 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 (c) a judge of the Provincial Court of Saskatchewan; (d) a senator; (e) a member of the House of Commons of Canada or a member of the Legislative Assembly of another province or territory of Canada. (2) If a member of the Legislative Assembly is elected and returned to the House of Commons of Canada or the Legislative Assembly of another province or territory or is appointed to the Senate of Canada, the member’s seat in the Legislative Assembly is, as a consequence of the election and return or appointment, immediately vacated. 2007, c L‑11.3, s 11. Provincial employees not eligible to be members 12(1) In this section, “Crown” means the Crown in right of Saskatchewan. (2) No person who holds any office under, receives any remuneration for services rendered for or is in any manner employed by the Crown, a ministry, board, commission or other agency of the Government of Saskatchewan or a Crown corporation is eligible for nomination or election as a member. 2007, c L‑11.3, s 12; 2014, c 11, s 6. Oath or affirmation required before taking seat 13 Before being permitted to take the member’s place and vote in the Legislative Assembly, a member shall take and subscribe before the Lieutenant Governor, or before any person who is designated by the Lieutenant Governor, an oath or affirmation of allegiance in the following form: “I, A.B., do swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty, her heirs and successors”. 2007, c L‑11.3, s 13. When a member not disqualified 14 Notwithstanding section 12 or any other Act or law, a member is not disqualified from being nominated or elected as a member or from taking the member’s place or voting in the Legislative Assembly and does not vacate and is not required to vacate the member’s seat in the Legislative Assembly by reason of any of the following: (a) the receipt by or entitlement of the member to any payment or benefit of any salary, indemnity, allowance, disbursement or other payment pursuant to this Act; (b) the appointment of the member as: (i) Speaker or Deputy Speaker of the Legislative Assembly; (ii) Leader of the Opposition or Deputy Leader of the Opposition; (iii) Leader of the Third Party; (iv) a whip or deputy whip; (v) a member of the Executive Council; 10 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 (vi) a legislative secretary; (vii) Deputy Chair of Committees of the Whole Assembly; (viii) a chair or deputy chair of a standing or special committee; (ix) Opposition House Leader or Deputy Opposition House Leader; (x) Government House Leader or Deputy Government House Leader; (xi) Third Party House Leader; (xii) a caucus chairperson; (xiii) a coroner, justice of the peace, notary public, marriage commissioner, official auditor, official trustee or commissioner for oaths; or (xiv) a chairperson, vice‑chairperson, director or member of a Crown corporation; (c) Repealed. 2014, c 11, s 6. 2007, c L‑11.3, s 14; 2009, c V‑7.21, s 118; 2014, c 11, s 6. Offence for ineligible person taking place and voting 15(1) No person who is declared by this Act or by any other law to be ineligible to be nominated or elected as a member shall take a place or vote in the Legislative Assembly while that person is ineligible. (2) Any person who contravenes subsection (1) is guilty of an offence and liable to a fine of $10,000. 2007, c L‑11.3, s 15. DIVISION 3 Speaker and Other Presiding Officers Election of Speaker 16(1) The Legislative Assembly, at its first meeting after a general election, shall elect one of its members to be Speaker. (2) If the office of Speaker becomes vacant for any reason, the Legislative Assembly shall elect another of its members to be Speaker. (3) The Speaker shall preside at all meetings of the Legislative Assembly. (4) The person who holds the office of Speaker at the time a Legislature is dissolved continues to hold the office of Speaker until the earliest of: (a) the day preceding the day fixed by proclamation of the Lieutenant Governor as the day for the first sitting of the next Legislature to begin; 11 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 (b) the effective date of the resignation of the person holding the position as Speaker; and (c) the day of death of the person holding the position as Speaker. 2007, c L‑11.3, s 16. Deputy Speaker 17(1) The Legislative Assembly shall elect one of its members to be Deputy Speaker. (2) The Deputy Speaker shall also serve as the Chair of Committees of the Whole Assembly. (3) If the Speaker finds it necessary to leave the chair for any cause during any part of the sittings of the Legislative Assembly in any day, the Speaker may call on the Deputy Speaker, or, in the absence of the Deputy Speaker, any other member, to take the chair and act as Speaker during the remainder of that day, unless the Speaker resumes the chair during that day. (4) If the Deputy Speaker or another member is called on in accordance with this section, the Deputy Speaker or member shall take the chair and act as Speaker. (5) The person who holds the office of Deputy Speaker at the time a Legislature is dissolved continues to hold the office of Deputy Speaker until the earliest of: (a) the day preceding the day fixed by proclamation of the Lieutenant Governor as the day for the first sitting of the next Legislature to begin; (b) the effective date of the resignation of the person holding the position as Deputy Speaker; and (c) the day of death of the person holding the position as Deputy Speaker. 2007, c L‑11.3, s 17. When Deputy Speaker or Deputy Chair of Committees to perform duties of Speaker 18(1) If the Legislative Assembly is informed by the Clerk of the unavoidable 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 Legislative Assembly until the meeting of the Legislative Assembly on the next sitting day. (2) If the Legislative Assembly is informed by the Clerk of the unavoidable absence of the Speaker and the Deputy Speaker, the Deputy Chair of Committees, 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 Legislative Assembly until the meeting of the Legislative Assembly on the next sitting day. (3) In the absence of the Speaker, the Deputy Speaker has all the powers, privileges and duties of the Speaker. (4) In the absence of the Speaker and the Deputy Speaker, the Deputy Chair of Committees has all the powers, privileges and duties of the Speaker. 2007, c L‑11.3, s 18. 12 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 Election of Speaker for the day 19 If the Legislative Assembly is informed by the Clerk of the unavoidable absence of the Speaker, the Deputy Speaker and the Deputy Chair of Committees, the Legislative Assembly may elect a member to take the chair and act as Speaker for that day. 2007, c L‑11.3, s 19. Validity of proceedings 20 Every Bill passed and every order made and thing done by the Legislative Assembly while the Deputy Speaker, the Deputy Chair of Committees or a member is acting or presiding as Speaker pursuant to this Division is as valid as if the Speaker were in the chair. 2007, c L‑11.3, s 20. Voting 21 Questions arising in the Legislative Assembly must be decided by a majority of votes, other than that of the Speaker or acting Speaker, but, if the votes are equal, the Speaker or acting Speaker has a vote. 2007, c L‑11.3, s 21. Deputy Chair of Committees 22(1) The Legislative Assembly may elect one of its members as a Deputy Chair of Committees of the Whole Assembly. (2) The Deputy Chair of Committees shall preside over and maintain order in the Committees of the Whole Assembly in the absence of the Deputy Speaker. 2007, c L‑11.3, s 22. DIVISION 4 Jurisdiction, Rights, Privileges, Immunities and Powers Rights, privileges, immunities and powers – generally 23 In addition to the rights, privileges, immunities and powers conferred by this Act, the Legislative Assembly, its members and its committees have the same rights, privileges, immunities and powers as those held by the House of Commons of Canada, the members of that House and the committees of that House. 2007, c L‑11.3, s 23. Jurisdiction of Legislative Assembly 24(1) The Legislative Assembly is a court and has all the rights, powers and privileges of a court of record for the purpose of summarily inquiring into, judging and punishing breaches of the privileges of the Legislative Assembly and contempts of the Legislative Assembly. 13 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 (2) Without restricting the generality of subsection (1), the following constitute breaches of privilege and contempts to which that subsection applies: (a) any assault, insult or libel on or to a member during a period that the Legislative Assembly is sitting; (b) any obstructing or threatening of, or any attempt to force or intimidate, a member; (c) any offer to, or acceptance by, a member of: (i) a bribe to influence the member in the member’s proceedings as a member; or (ii) any fee, compensation or reward for or with respect to the promotion of a petition, Bill, motion, matter or thing submitted to or intended to be submitted to the Legislative Assembly or a committee of the Legislative Assembly; (d) any assault on or interference with officers of the Legislative Assembly while in the execution of their duties; (e) any tampering with a witness with regard to evidence to be given by the witness before the Legislative Assembly or a committee of the Legislative Assembly; (f) the presenting to the Legislative Assembly or a committee of the Legislative Assembly of any forged or falsified document with the intent to deceive the Legislative Assembly or committee of the Legislative Assembly; (g) the forging, falsifying or wrongfully altering of any record of the Legislative Assembly or a committee of the Legislative Assembly or of any document or petition presented or filed or intended to be presented or filed before the Legislative Assembly or committee, or the subscribing of the name of another to that document or petition with the intent to deceive; (h) the giving of false evidence or any prevaricating or other misbehaving in giving or refusing to give evidence or to produce papers before the Legislative Assembly or any committee of the Legislative Assembly; (i) disobedience to subpoenas or warrants issued pursuant to the authority of this Act; (j) the bringing of a civil action or prosecution against, or the causing or effecting of the arrest or imprisonment of, a member for or by reason of any matter or thing brought by the member by petition, Bill, motion or otherwise or said by the member before the Legislative Assembly or a committee of the Legislative Assembly; (k) the causing or effecting of the arrest or detention of a member, during a period when the Legislative Assembly is sitting, for any debt or cause whatever of a civil nature; (l) the making of service on a person contrary to section 29; (m) a contravention of this Act or an order of the Legislative Assembly or a special or standing committee of the Legislative Assembly. 2007, c L‑11.3, s 24. 14 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 Order of punishment 25(1) Every person who is found by the Legislative Assembly to have committed a breach of privilege or a contempt pursuant to section 24 is, in addition to any other penalty to which that person may be subject by law, liable to the following: (a) imprisonment for any period that may be determined by the Legislative Assembly; (b) a penalty in the amount determined by the Legislative Assembly; (c) in the case of a member, the suspension of the member’s right to take his or her place and vote in the Legislative Assembly for a stated period or until the fulfilment of a condition stated in an order of the Legislative Assembly. (2) If the Legislative Assembly finds that a person has committed a breach of privilege or a contempt pursuant to section 24 and directs that the person be imprisoned pursuant to clause (1)(a), the Speaker shall issue a warrant to the Sergeant‑at‑Arms or a peace officer to take the person into custody and to keep that person in custody in accordance with the order of the Legislative Assembly. 2007, c L‑11.3, s 25. Assembly’s determinations and findings final 26 The determinations or findings of the Legislative Assembly on any proceedings pursuant to this Act are final and conclusive. 2007, c L‑11.3, s 26. Protection of persons acting under authority of the Legislative Assembly 27 No person is liable in damages or otherwise for any act done: (a) pursuant to the authority of the Legislative Assembly and within its legal power; or (b) pursuant to or by virtue of a warrant issued pursuant to the authority of the Legislative Assembly. 2007, c L‑11.3, s 27. Immunities of members 28(1) No member is liable to any civil action or prosecution, arrest, imprisonment or damages by reason of: (a) any matter or thing brought by the member by petition, Bill, motion or otherwise; or (b) anything said by the member before the Legislative Assembly or any of its committees. 15 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 (2) The immunity provided by subsection (1) applies notwithstanding that words spoken by a member before the Legislative Assembly or any of its committees are: (a) broadcast while the words are being spoken; or (b) recorded at the time they are being spoken and are broadcast at a later time. (3) Except with respect to a contravention of this Act, during a period when the Legislative Assembly is sitting, no member is liable to arrest or detention for any debt or cause whatever of a civil nature. 2007, c L‑11.3, s 28. Service of civil proceedings 29 No person shall make a personal service that is required or authorized by law in a civil matter on another person: (a) in the Legislative Building; or (b) in a room or place in Saskatchewan in which a committee of the Legislative Assembly is meeting. 2007, c L‑11.3, s 29. Exemption from jury service 30 During a period that the Legislative Assembly is sitting, the following are exempt from serving or attending as jurors before any court in Saskatchewan: (a) all members; (b) all officers and all employees of the Legislative Assembly Service; (c) all witnesses summoned to attend before the Legislative Assembly or any of its committees. 2007, c L‑11.3, s 30. Consequences if member convicted of indictable offence 31(1) On the tabling of a certified copy of conviction of a member for an indictable offence for which the member has been sentenced to imprisonment for a term of two years or more, the Legislative Assembly may, by resolution: (a) suspend the member from sitting and voting as a member; or (b) declare the seat of the member to be vacant. (2) If a member is suspended pursuant to clause (1)(a): (a) the member is, from the date of the member’s suspension to the date of a resolution pursuant to clause (b), ineligible for the payment or benefit of any salary, indemnity, allowance, disbursement or other payment provided pursuant to this Act; and 16 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 (b) the Legislative Assembly may, by a subsequent resolution: (i) reinstate the member; or (ii) declare the seat of the member to be vacant. (3) If a resolution is passed pursuant to this section declaring the seat of a member to be vacant: (a) the Speaker shall give notice of the vacancy to the Chief Electoral Officer; and (b) unless and until the member’s conviction is set aside by a court of competent jurisdiction or a court of competent jurisdiction reduces the sentence of imprisonment to a term of less than two years, that member: (i) is ineligible to be nominated for election to the Legislative Assembly for the remainder of the current term of the Legislature; and (ii) may not be elected as a member, or sit or vote in the Legislative Assembly, for the remainder of the current term of the Legislature. 2007, c L‑11.3, s 31. Rights of Legislative Assembly not affected 32 Nothing in this Act is to be construed as affecting the right of the Legislative Assembly to expel or suspend a member according to the practice of Parliament or any other law. 2007, c L‑11.3, s 32. Appropriations from public revenue require recommendation 33 The Legislative Assembly shall not adopt or pass any vote, resolution, address or Bill for the appropriation of any part of the public revenue, or for any tax or impost, for any purpose, that has not been recommended to the Legislative Assembly by message of the Lieutenant Governor during the session in which the vote, resolution, address or Bill is proposed. 2007, c L‑11.3, s 33. DIVISION 5 Witnesses and Evidence Examination by committee 34(1) Any committee of the Legislative Assembly may: (a) require the facts, matters and things relating to the subject of any inquiry to be verified or otherwise ascertained by the oral examination of witnesses; and (b) examine the witnesses on oath or under affirmation. (2) The chair or any other member of a committee mentioned in subsection (1) may administer to any witness an oath or affirmation as set out in the Schedule to this Act. 2007, c L‑11.3, s 34. 17 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 Compelling witnesses 35(1) The Legislative Assembly or a committee of the Legislative Assembly may, by order: (a) summon before the Legislative Assembly or the committee, as the case may be, any person as a witness; and (b) require the person summoned pursuant to clause (a): (i) to give evidence on oath or under affirmation orally or in writing; and (ii) to produce any documents and things the Legislative Assembly or committee considers necessary in any of its proceedings or deliberations. (2) If the Legislative Assembly or the committee requires the attendance of a person as a witness by an order pursuant to subsection (1), the Speaker may issue a warrant directing the person to attend and produce any documents and things mentioned in the order. (3) Every warrant mentioned in subsection (2) may command the assistance of all sheriffs, bailiffs, constables, peace officers and others. (4) If a warrant mentioned in subsection (2) commands the assistance mentioned in subsection (3), every refusal or failure to give that assistance when required is a contravention of this Act. 2007, c L‑11.3, s 35. Examination of witnesses at any time and place 36(1) If the Legislative Assembly considers it is necessary to do so, the Legislative Assembly, by order, may authorize the Speaker to issue an order to examine a witness, on oath or under affirmation, before any person and at any place named in the order. (2) If a committee of the Legislative Assembly considers it is necessary to do so, the committee, by order, may authorize the Speaker to issue an order to examine a witness, on oath or under affirmation, before any person and at any place named in the order. 2007, c L‑11.3, s 36. Legislative Assembly a court of record 37 For the purposes of this Division, the Legislative Assembly is a court and possesses all the rights, powers and privileges of a court of record. 2007, c L‑11.3, s 37. 18 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 DIVISION 6 Prohibited Practices Receiving prohibited fee, compensation or reward 38(1) No member shall receive or agree to receive any fee, compensation or reward, directly or indirectly, for services rendered or to be rendered to any person, either by the member or another person: (a) in relation to any petition, Bill, motion, proceeding, contract, claim, controversy, charge, accusation, arrest or other matter before the Legislative Assembly or a committee of the Legislative Assembly; or (b) for the purpose of influencing or attempting to influence any member. (2) Any member who contravenes subsection (1) is guilty of an offence and liable to a fine of: (a) $10,000; and (b) the amount or value of the fee, compensation or reward received or agreed to be received by the member. (3) Every person who gives, offers or promises to any member any fee, compensation or reward for services described in subsection (1), rendered or to be rendered, is guilty of an offence and liable to a fine of not more than $10,000 or to imprisonment for a term not exceeding six months or to both that fine and imprisonment. 2007, c L‑11.3, s 38. Seat vacant for contravening section 38 39(1) If a judgment is recorded against a member pursuant to section 38 or if a resolution of the Legislative Assembly declares that a member has been guilty of contravening that section, immediately on the recording of that judgment or the passing of that resolution: (a) the seat of the member must be vacated; and (b) the election of the member becomes void. (2) A member mentioned in subsection (1): (a) is ineligible to be nominated for election to the Legislative Assembly for the remainder of the current term of the Legislature; and (b) may not be elected as a member, or sit or vote in the Legislative Assembly, for the remainder of the current term of the Legislature. 2007, c L‑11.3, s 39. 19 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 DIVISION 7 Resignation or Vacancy Member may resign 40(1) Any member may resign the member’s seat in the Legislative Assembly: (a) by openly declaring in the member’s place in the Legislative Assembly that the member wishes to resign the member’s seat; or (b) by addressing and causing to be delivered to the Speaker a written statement signed by the member and attested by two witnesses declaring that the member is resigning the member’s seat. (2) If a member makes a declaration pursuant to clause (1)(a): (a) the Clerk shall record the declaration in the journals; and (b) the seat of the member becomes immediately vacated. (3) If the Speaker receives a written statement from a member pursuant to clause (1)(b), the seat of the member becomes immediately vacated: (a) on the date stated in the written statement; or (b) if no date is stated in the written statement, on the date that the Speaker receives the written statement. 2007, c L‑11.3, s 40. Vacating seat by written resignation to Clerk 41(1) If there is no Speaker and a member wishes to resign the member’s seat in the Legislative Assembly, the member may resign by addressing and causing to be delivered to the Clerk a written statement signed by the member and attested by two witnesses declaring that the member is resigning the member’s seat. (2) The Speaker may resign his or her seat in the Legislative Assembly by addressing and causing to be delivered to the Clerk a written statement signed by the Speaker and attested by two witnesses declaring that the Speaker is resigning his or her seat. (3) If the Clerk receives a written statement from a member pursuant to subsection (1) or the Speaker pursuant to subsection (2), the seat of the member or the Speaker, as the case may be, becomes immediately vacated: (a) on the date stated in the written statement; or (b) if no date is stated in the written statement, on the date that the Clerk receives the written statement. 2007, c L‑11.3, s 41. 20 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 Vacancy in case of death or for reasons other than resignation 42(1) If a vacancy occurs in the Legislative Assembly due to the death of a member or for any reason other than the member’s resignation, any two members may give notice of the vacancy to the Speaker or the Clerk by addressing and causing to be delivered to the Speaker or the Clerk a written statement signed by the members declaring the vacancy and the reasons for the vacancy. (2) If the Speaker or the Clerk receives a written statement from any two members pursuant to subsection (1), the seat of the member becomes immediately vacated on: (a) in the case of the death of a member, the date of the member’s death; or (b) in the case of a vacancy for any reason other than the member’s death or resignation, the date the written statement is received by the Speaker or the Clerk. 2007, c L‑11.3, s 42. Actions on receipt of written statements 43(1) On receipt of a written statement mentioned in clause 40(1)(b) or section 41 or 42, the Speaker or the Clerk, as the case may be, shall immediately give notice of the vacancy to the Chief Electoral Officer. (2) As soon as is practicable, the Chief Electoral Officer shall inform the Lieutenant Governor in Council of any vacancy with respect to which notice has been given pursuant to subsection (1). 2007, c L‑11.3, s 43. Member not to resign until declared elected 44 No member‑elect of the Legislative Assembly is permitted to resign pursuant to this Act until the member has been finally declared elected. 2007, c L‑11.3, s 44. Resignation not to affect controverted election proceedings 45 The resignation of a member does not affect the conduct or result of any proceedings that: (a) may be taken pursuant to any law in force in Saskatchewan respecting controverted elections; and (b) either: (i) are pending at the time of the resignation; or (ii) may be taken after the resignation. 2007, c L‑11.3, s 45. 21 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 DIVISION 8 By-elections Rules re by-elections 46(1) Subject to subsections (2) and (3), a by‑election to fill a vacancy in the Legislative Assembly must be held within six months after a seat in the Legislative Assembly becomes vacant. (2) Subsection (1) applies only if the seat in the Legislative Assembly becomes vacant within the first 40 months following a general election. (3) The writ for a by‑election to be held pursuant to subsection (1) is revoked on the dissolution of the Legislature, if the Legislature is dissolved: (a) after the issue of a writ for a by‑election; and (b) before a by‑election is held pursuant to the writ. 2007, c L‑11.3, s 46. PART III Payments to Members DIVISION 1 Members’ Indemnity and Allowances Payments to members - 2017-2018 fiscal year 46.1 Notwithstanding any other provision of this Act or any directive of the board, in the 2017‑2018 fiscal year: (a) any provision authorizing or directing any increase in indemnities, allowances, reimbursement of expenses or any other payments for members or caucuses on or after April 1, 2017 is ineffective; (b) the annual indemnity payable pursuant to section 47 and every salary and other payment payable pursuant to Division 2 to a member are reduced by 3.5%; and (c) the funding to each caucus pursuant to clause 54(a) is reduced by 10%. 2017, c 3, s 2. Annual indemnity 47 Every member is entitled to be paid an annual indemnity. 2007, c L‑11.3, s 47. Annual expense allowance 48 Every member is entitled to be paid an annual expense allowance. 2007, c L‑11.3, s 48. 22 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 Allowances to members 49(1) In addition to the annual indemnity and annual expense allowance mentioned in sections 47 and 48, every member is entitled to the amounts, remuneration, allowances, indemnity, reimbursement for expenses and payments of expenses determined by the board pursuant to subsection (3). (2) Subject to Division 3, the board may issue directives respecting the amount of, the method of calculating and manner of paying, and respecting adjustments to: (a) the annual indemnity mentioned in section 47; and (b) the annual expense allowance mentioned in section 48. (3) Subject to Division 3, the board may issue directives respecting the amount of, the method of calculating and manner of paying, and respecting adjustments to, the following: (a) a per diem allowance for expenses of members; (b) travel expenses incurred by members to discharge their duties as members; (c) telephone and related expenses incurred by members; (d) office expenses or constituency assistant expenses, or both, incurred by members with respect to their duties as members; (e) postal, advertising and other communication expenses incurred by members with respect to their duties as members; (f) a special provision for travel expenses incurred by a member who represents a northern constituency with respect to the member’s duties; (g) a retirement allowance for individuals who cease to be members; (h) expenses incurred by the Speaker or Deputy Speaker while absent from his or her place of residence for the purposes of attending to the duties of the Speaker’s office, other than as a member of a committee mentioned in clause (i); (i) a per diem indemnity and reimbursement for expenses incurred by members who serve on a committee appointed by a motion of the Legislative Assembly or pursuant to the Rules and Procedures of the Legislative Assembly for each day that either: (i) the Legislative Assembly is not sitting; or (ii) the Legislative Assembly is sitting but the business of the committee occurs outside Regina. (4) The board may issue directives prescribing any terms and conditions that it considers appropriate respecting an amount determined pursuant to subsection (2) or (3). (5) The board may issue directives respecting to whom and on what conditions an amount payable to a member pursuant to subsections (2) and (3) is to be paid in the case of the death of that member. 2007, c L‑11.3, s 49. 23 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 How to compute certain amounts - status of member as member 50(1) For the purpose of computing the amount of the annual indemnity or annual expense allowance payable pursuant to sections 47 and 48: (a) a member is deemed to have been a member from the polling day on which the member was elected a member; and (b) when the Legislature in which a member is a member is dissolved, the member is deemed to continue to be a member until the earliest of: (i) the day preceding the polling day at the next general election following the dissolution of the Legislature of which he or she was a member; (ii) the effective date of the resignation of the member; and (iii) the date of death of the member. (2) The board may authorize payments for a member’s constituency office and constituency assistant expenses and obligations following the issue of a writ of election for that member’s constituency if those expenses and obligations are not incurred for or related to the member’s re‑election. 2007, c L‑11.3, s 50. Travel expenses in discharge of duties 51 Every member is entitled to receive reimbursement for actual travel and other expenses incurred by the member with respect to travel to discharge the member’s duties as a member or as a representative of the Legislative Assembly. 2007, c L‑11.3, s 51. Reimbursement for expenses of members acting for government 52 Every member, other than a member of the Executive Council or a legislative secretary, is entitled to receive reimbursement for actual travel and other expenses incurred by the member with respect to duties carried out by the member while acting as an official representative of the Government of Saskatchewan at the request and under the direction of a member of the Executive Council. 2007, c L‑11.3, s 52. Benefits plans 53(1) Every member is entitled to participate in and receive the benefits of any insurance plan or scheme, benefits plan or superannuation plan established by the board pursuant to subsection (2). (2) The board may establish and may issue directives respecting: (a) a group life insurance plan; (b) a long‑term disability insurance plan or scheme; (c) a superannuation plan; 24 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 (d) a dental and health benefits plan; or (e) any insurance plan or scheme in addition to one described in clauses (a) to (d). 2007, c L‑11.3, s 53. Funding for research and other services 54 Subject to Division 3, the board may issue directives respecting the amount of, the method of calculating, manner of paying, respecting adjustments to, and setting terms and conditions for, the following: (a) funding to each caucus for research, general expenses and support services; (b) funding to each independent member for research, general expenses and support services; (c) funding for the Office of the Leader of the Opposition to cover the cost of any staff, supplies, goods and services that the Leader of the Opposition considers necessary; (d) funding for the Office of the Leader of the Third Party to cover the cost of any staff, supplies, goods and services that the Leader of the Third Party considers necessary. 2007, c L‑11.3, s 54. Payments to be made out of general revenue fund 55(1) All payments to which a member or caucus is entitled pursuant to this Division shall be paid out of the general revenue fund. (2) All costs incurred and amounts payable with respect to an insurance plan or scheme, benefits plan or superannuation plan established pursuant to section 53, other than those amounts required to be paid by members pursuant to that plan or scheme, shall be paid out of the general revenue fund. 2007, c L‑11.3, s 55. Review of use of allowances, etc. 56(1) At the request of any member or on the Speaker’s own initiative, the Speaker may conduct, in the Speaker’s capacity as chair of the board, any review the Speaker considers necessary to determine whether a member’s use of any allowance, disbursement, payment, good, premises or service provided pursuant to this Act complies with: (a) the purposes for which the allowance, disbursement, payment, good, premises or service was provided; or (b) the purposes of this Act or the board’s directives. (2) The Speaker shall inform a member of any review concerning the member as soon as is reasonably possible. 25 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 (3) If, after a review, the Speaker determines that a member’s use of any allowance, disbursement, payment, good, premises or service provided pursuant to this Act does or does not comply with the purposes for which it was provided or with the purposes of this Act or the board’s directives, the Speaker shall: (a) inform the member in writing of the determination; and (b) provide a copy of that determination to the board. (4) A member who is the subject of a Speaker’s determination may inform the Speaker in writing that the member disagrees with the determination within 30 days after receiving the written determination. (5) If a member disagrees with a Speaker’s determination, the Speaker or the member may request the commissioner to investigate and provide a written opinion. (6) If the commissioner receives a request for an opinion, the commissioner may conduct any investigation the commissioner considers necessary to provide a written opinion. (7) The commissioner shall provide the written opinion to: (a) the member who was the subject of the Speaker’s determination; (b) the board; and (c) the Speaker. (8) If the commissioner’s written opinion differs from the Speaker’s determination, the commissioner’s written opinion prevails.
Part document.segment-2
Legislative Assembly Act, 2007, L-11.3 — segment 2
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Legislative Assembly Act, 2007, L-11.3 — segment 2
AI-assisted research summary: This part sets pay, powers, administration rules, security limits, library deposit duties, and publication rules for the Legislative Assembly and related officials.
(9) If the member does not disagree in writing within 30 days after receiving the Speaker’s determination or if the member does disagree but the commissioner, in the commissioner’s written opinion, supports the Speaker’s determination, the Speaker may direct, in writing, that the member: (a) comply with this Act or the board’s directives; 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. (10) The Speaker may order that any allowance, disbursement, payment, good, premises or service otherwise payable or to be provided to a member pursuant to this Act or the board’s directives be withheld from the member if: (a) the Speaker has given the member a written direction pursuant to subsection (9); and (b) either: (i) the Speaker determines that the member continues to use any allowance, disbursement, payment, good, premises or service paid or provided pursuant to this Act or the board’s directive in a manner that fails to comply with the purposes for which it is provided or with the purposes of this Act or the board’s directives; or (ii) the Speaker is of the opinion that the withholding is necessary to protect the public interest. 26 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 (11) An order made pursuant to subsection (10) remains in force until: (a) the Speaker is satisfied that the member’s proposed use of the allowance, disbursement, payment, good, premises or service paid or provided pursuant to this Act will be in a manner that complies with the purposes for which it is provided and with the purposes of this Act and the board’s directives; or (b) it is revoked by the Speaker. (12) The Speaker may impose any terms and conditions on an order made pursuant to subsection (10) that the Speaker considers appropriate. 2007, c L‑11.3, s 56. DIVISION 2 Salaries and Other Payments Payments if holding more than one position 57 If a member holds more than one position as Speaker, Deputy Speaker or another position that entitles the holder to an amount pursuant to this Division, the member is entitled only to be paid for the position with the higher amount. 2007, c L‑11.3, s 57. Salary for Speaker and Deputy Speaker 58(1) Subject to Division 3, in addition to any amounts payable to the Speaker as a member, the Speaker is entitled to be paid an annual salary at the rate determined by the board. (2) Subject to Division 3, in addition to any amounts payable to the Deputy Speaker as a member, the Deputy Speaker is entitled to be paid an annual salary at the rate determined by the board. (3) For the purpose of computing any salary payable pursuant to this section: (a) the Speaker and the Deputy Speaker are deemed to have occupied their positions commencing on the day on which the member was elected as Speaker or Deputy Speaker, as the case may be; and (b) the Speaker and Deputy Speaker are deemed to continue to occupy their positions until the earliest of: (i) the day preceding the day fixed by proclamation of the Lieutenant Governor as the day for the first sitting of the next Legislature to begin; (ii) the effective date of the resignation of the person holding the position; and (iii) the day of the death of the person holding the position. 2007, c L‑11.3, s 58. 27 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 Salary for Leader of the Opposition 59(1) Subject to Division 3, in addition to any amounts payable to the Leader of the Opposition as a member, the Leader of the Opposition is entitled to be paid an annual salary at the rate determined by the board. (2) For the purpose of computing the salary payable pursuant to this section: (a) the Leader of the Opposition is deemed to have occupied that position commencing on the day on which the Leader of the Opposition was designated by the opposition caucus as leader and was so recognized by the Speaker; and (b) the Leader of the Opposition is deemed to continue to occupy that position until the earliest of: (i) the day preceding the polling day at the next general election following the dissolution of the Legislature of which he or she was a member; (ii) the effective date of the resignation of the person holding the position; and (iii) the day of the death of the person holding the position. (3) If the holder of the office of Leader of the Opposition changes, then for the purpose of computing the amount of salary payable to the member succeeding to the office, that member is deemed to have held the office from the date that the member is designated as Leader of the Opposition by the opposition caucus and is so recognized by the Speaker. (4) Notwithstanding subsections (2) and (3), if the Legislature is dissolved and the member who, on the day before the dissolution of the Legislature, occupied the position of the Leader of the Opposition subsequently occupies the position of Premier of the province, that member is entitled to continue to receive the salary mentioned in subsection (1) until the day preceding the day on which the oath of office is administered to the member as Premier. 2007, c L‑11.3, s 59. Salary for Deputy Leader of the Opposition 60(1) Subject to Division 3, in addition to any amounts payable to the Deputy Leader of the Opposition as a member, the Deputy Leader of the Opposition is entitled to be paid an annual salary at the rate determined by the board. (2) For the purpose of computing the salary payable pursuant to this section: (a) the Deputy Leader of the Opposition is deemed to have occupied that position commencing on the day on which: (i) the Leader of the Opposition designates the member as Deputy Leader of the Opposition; and (ii) written notification of the designation mentioned in subclause (i) is received by the Speaker; and 28 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 (b) the Deputy Leader of the Opposition is deemed to continue to occupy that position until the earliest of: (i) the day preceding the polling day at the next general election following the dissolution of the Legislature of which he or she was a member; (ii) the effective date of the resignation of the person holding the position; and (iii) the day of the death of the person holding the position. (3) If the holder of the office of Deputy Leader of the Opposition changes, then for the purpose of computing the amount of salary payable to the member succeeding to the office, that member is deemed to have held the office from the date that: (a) the member is so designated by the Leader of the Opposition; and (b) notification of the designation mentioned in clause (a) is received by the Speaker. 2007, c L‑11.3, s 60. Salary for Leader of the Third Party 61(1) Subject to Division 3, in addition to any amounts payable to the Leader of the Third Party as a member, the Leader of the Third Party is entitled to be paid an annual salary at the rate determined by the board. (2) For the purpose of computing the salary payable pursuant to this section: (a) the Leader of the Third Party is deemed to have occupied that position commencing on the day on which the Leader of the Third Party was designated by the third party caucus as leader and was so recognized by the Speaker; and (b) the Leader of the Third Party is deemed to continue to occupy that position until the earliest of: (i) the day preceding the polling day at the next general election following the dissolution of the Legislature of which he or she was a member; (ii) the effective date of the resignation of the person holding the position; and (iii) the day of the death of the person holding the position. (3) If the holder of the office of Leader of the Third Party changes, then for the purpose of computing the amount of salary payable to the member succeeding to the office, that member is deemed to have held the office from the date that the member is designated as Leader of the Third Party by that caucus and is so recognized by the Speaker. (4) Notwithstanding subsections (2) and (3), if the Legislature is dissolved and the member who, on the day before the dissolution of the Legislature, occupied the position of the Leader of the Third Party subsequently occupies the position of Premier of the province, that member is entitled to continue to receive the salary mentioned in subsection (1) until the day preceding the day on which the oath of office is administered to the member as Premier. 2007, c L‑11.3, s 61. 29 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 Salaries to certain other members 62(1) Subject to Division 3, a member who occupies any of the following positions is entitled to be paid, in addition to amounts payable to him or her as a member, an annual salary at the rate determined by the board: (a) the Government House Leader; (b) the Deputy Government House Leader; (c) the Opposition House Leader; (d) the Third Party House Leader; (e) the Deputy Opposition House Leader; (f) the Deputy Chair of Committees of the Whole Assembly; (g) a chair of a standing or special committee; (h) a deputy chair of a standing or special committee; (i) the Government Whip; (j) the Government Deputy Whip; (k) the Opposition Whip; (l) the Opposition Deputy Whip; (m) the Third Party Whip; (n) the Third Party Deputy Whip; (o) a Legislative Secretary. (2) If, during any year, any of the positions mentioned in subsection (1) is occupied by more than one member, the annual salary must be prorated between, and paid to, the members who occupied the position based on the period during the year in which those members occupied that position. (3) The board may issue directives prescribing any terms and conditions that it considers appropriate respecting a salary to be paid pursuant to this section. 2007, c L‑11.3, s 62. Salary if two largest opposition caucuses have equality of membership 63(1) If there is an equality of membership between the two largest caucuses sitting in the Legislative Assembly in opposition to the Government: (a) the salaries mentioned in section 62 that are payable to the members of those caucuses who have corresponding positions must be added together; and (b) the total derived pursuant to clause (a) must be divided equally between those members. 30 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 (2) If there is an equality of membership between the two largest caucuses sitting in the Legislative Assembly in opposition to the Government: (a) the salaries provided for by sections 59 and 61 must be added together; and (b) the total derived pursuant to clause (a) must be divided equally between the respective leaders of those caucuses. (3) If there is an equality of membership between the two largest caucuses sitting in the Legislative Assembly in opposition to the Government: (a) the funding for the offices of those leaders provided by clauses 54(c) and (d) must be added together; and (b) the total derived pursuant to clause (a) must be divided equally between the respective offices of those leaders. 2007, c L‑11.3, s 63. Salaries under section 62 to cease on polling day, etc. 64 Notwithstanding section 62, a member who is paid a salary for a position mentioned in section 62 ceases to be entitled to be paid that salary on the earliest of: (a) the day preceding the polling day at the next general election following the dissolution of the Legislature of which he or she was a member; (b) the effective date of the resignation of the member holding the position; and (c) the day of the death of the member holding the position. 2007, c L‑11.3, s 64. DIVISION 3 Committee to Review Salaries, Indemnity and Allowances Review committee 65(1) In this Division, “review committee” means the review committee appointed in accordance with this section. (2) Subject to subsections (3) and (4), the Lieutenant Governor in Council may appoint a review committee to review and make a report respecting the amount of a salary, indemnity or allowance: (a) provided for in this Part; and (b) for the President of the Executive Council and ministers of the Crown. (3) The review committee must consist of not more than five individuals, none of whom is a member. (4) The Lieutenant Governor in Council shall not appoint a person to the review committee without prior consultation with the Leader of the Opposition and the Leader of the Third Party, if any. 31 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 (5) Whenever required by the Lieutenant Governor in Council to do so, the review committee shall submit a report recommending: (a) the amount of any salary, indemnity or allowance; (b) the manner and the terms and conditions of payment of any salary, indemnity or allowance; (c) the manner of adjusting from time to time any salary, indemnity or allowance; and (d) the procedure members shall follow to account for any salary, indemnity or allowance. (6) The review committee shall submit a report prepared pursuant to subsection (5) to: (a) the Speaker as chair of the board; or (b) if there is no Speaker or in the absence or inability to act of the Speaker, the Deputy Speaker. (7) A review committee is disestablished six months after the date the review committee submits its report pursuant to this section. 2007, c L‑11.3, s 65; 2014, c 11, s 6. Board to review and may implement report 66(1) The board shall review every report submitted pursuant to section 65 and may issue directives: (a) approving the report; or (b) rejecting the report. (2) The members of the review committee shall make themselves available for consultation by the board for six months after the date the review committee submits its report pursuant to section 65. (3) On and after the day a directive issued by the board pursuant to subsection (1) becomes effective, a member is to be paid the salary, indemnity or allowance set out in the directive: (a) in the amounts and the manner prescribed in the directive; (b) as adjusted, from time to time, in accordance with the manner prescribed in the directive; and (c) subject to the terms and conditions prescribed in the directive. 32 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 (4) After issuing a directive pursuant to subsection (1) and before a new review committee is appointed pursuant to section 65, the board may issue a further directive amending the directive issued pursuant to subsection (1) by varying, in any manner that the board considers appropriate, the level of salaries, indemnities or allowances set out in that directive. (5) All salaries, indemnities or allowances payable pursuant to this Division shall be paid out of the general revenue fund. 2007, c L‑11.3, s 66; 2014, c 11, s 6. PART IV Administration of Legislative Assembly DIVISION 1 Board of Internal Economy Board continued 67(1) The Board of Internal Economy is continued. (2) The board consists of: (a) the Speaker or, if there is no Speaker or in the absence or inability to act of the Speaker, the Deputy Speaker; (b) two members nominated by the President of the Executive Council from among the members of the Executive Council; (c) two members from the Government caucus nominated by that caucus; (d) one member or, if there is no Third Party sitting in opposition to the government, two members from the opposition caucus nominated by that caucus; and (e) one member from the third party caucus, if a Third Party is sitting in opposition to the government, nominated by that caucus. (3) The Lieutenant Governor in Council shall appoint the Speaker and the members nominated in accordance with clauses (2)(b) to (e) as members of the board. (4) The Speaker is the chair of the board, but, if there is no Speaker or in the absence or inability to act of the Speaker, the Deputy Speaker may act as the chair of the board. (5) The name and office of each member of the board are to be communicated by message from the Lieutenant Governor to the Legislative Assembly. (6) A quorum of the board consists of: (a) the Speaker or, if there is no Speaker or in the absence or inability to act of the Speaker, the Deputy Speaker; (b) one member appointed pursuant to clause (2)(b); 33 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 (c) one member appointed pursuant to clause (2)(c); and (d) one member appointed pursuant to clause (2)(d) or (e). (7) Notwithstanding any other provision of this Act, a member of the board is entitled to be paid an indemnity and to be reimbursed for expenses incurred by the member of the board for each day that the member of the board is attending to the business of the board and that: (a) the Legislative Assembly is not sitting; or (b) the Legislative Assembly is sitting but the business of the board occurs outside Regina. (8) The board shall determine the indemnity and rate of reimbursement for expenses to be paid pursuant to subsection (7). 2007, c L‑11.3, s 67. Powers and duties of board 68(1) The board is responsible for all matters of financial and administrative policy affecting the Legislative Assembly and its members. (2) Without limiting the generality of subsection (1), the board has the following powers and duties: (a) to oversee generally the finances of the Legislative Assembly, including its revenues, expenses, assets and liabilities; (b) to receive the human resources and financial management policies of the Legislative Assembly Service and every Officer of the Legislative Assembly; (c) to advise on and give directions in relation to any matter that the board considers necessary for the efficient and effective operation of the Legislative Assembly; (d) to exercise any other powers given to the board, and to perform any other duties imposed on the board, by this Act or any other Act. (2.1) The board shall issue a directive establishing an anti‑harassment policy for members. (3) If the board considers it desirable, it may report to the Legislative Assembly on any of the matters mentioned in this section. (4) A directive issued by the board is effective on the date specified in the directive. (5) The board may delegate any powers and duties that it considers appropriate to the Speaker. (6) If the board delegates a power or duty to the Speaker, the exercise of that power or the performance of that duty by the Speaker is deemed to be the exercise or performance by the board. 34 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 (7) In this section and section 69, “Officer of the Legislative Assembly” means: (a) the Advocate for Children and Youth; (b) the Chief Electoral Officer; (c) the Conflict of Interest Commissioner; (d) the Information and Privacy Commissioner; (e) the Ombudsman; or (f) the Public Interest Disclosure Commissioner. 2007, c L‑11.3, s 68; 2015, c 14, s 4. DIVISION 2 Estimates of Legislative Assembly Estimates - presentation 69(1) The Speaker shall present to the board the estimates of the Legislative Assembly, being the sums of money that are required to be provided by the Legislature for the purposes of this Act. (2) Every Officer of the Legislative Assembly shall present to the board his or her estimates of the sums of money that are required to be provided by the Legislature for the purposes of the Act pursuant to which the Officer was appointed. (3) The board shall review the estimates mentioned in this section, make any alterations that it considers proper and concur in the estimates. (4) The Speaker shall cause the estimates mentioned in this section to be laid before the Legislative Assembly and the estimates must be referred to the standing committee determined pursuant to the Rules and Procedures of the Legislative Assembly. 2007, c L‑11.3, s 69; 2015, c 14, s 5. Expenses limited to appropriation 69.1(1) In this section, “appropriation” means: (a) an appropriation for the expenses of the Legislative Assembly made by an Appropriation Act; (b) an appropriation by special warrant; and (c) any other amount that is permitted or directed to be paid out of the general revenue fund pursuant to this or any other Act for the expenses of the Legislative Assembly. (2) The Clerk shall ensure that the expenditures of the Legislative Assembly for a fiscal year are not in excess of the appropriation for that fiscal year. 2015, c 14, s 6. 35 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 Quarterly financial forecasts 69.2 Within 30 days after the end of each quarter in each fiscal year, the Clerk shall prepare and present to the board financial forecasts respecting the Legislative Assembly’s actual and anticipated operations for that fiscal year. 2015, c 14, s 6. Unprovided for or unforeseen expenses 69.3(1) For the purposes of this section, the Legislative Assembly is not in session if it: (a) is prorogued; or (b) is adjourned for an indefinite period or to a day more than seven days after the Lieutenant Governor in Council made the order directing the preparation of the special warrant pursuant to this section. (2) If the Legislative Assembly is not in session, the Clerk may report to the board that: (a) a matter has arisen with respect to the administration of this Act respecting an expense required by the Legislative Assembly that was not foreseen or provided for, or was insufficiently provided for; and (b) the Clerk is of the opinion that there is no appropriation for the expense or that the appropriation is exhausted or insufficient and that the expense is urgently and immediately required for the public good. (3) On receipt of a report of the Clerk pursuant to subsection (2), the board: (a) shall review the report and make any alterations to the funding request in the report that the board considers appropriate; and (b) may recommend to the Minister of Finance that a special warrant be issued authorizing the expense in the amount the board determines to be appropriate. (4) On receipt of a recommendation of the board pursuant to subsection (3), the Minister of Finance shall recommend to the Lieutenant Governor in Council that a special warrant be issued authorizing the expense in the amount recommended by the board. (5) On receipt of a recommendation of the Minister of Finance pursuant to subsection (4), the Lieutenant Governor in Council may order a special warrant to be prepared for the signature of the Lieutenant Governor authorizing the expense in the amount recommended by the board. (6) For the purposes of The Financial Administration Act, 1993 and this Act, a special warrant issued pursuant to this section is deemed to be a special warrant issued pursuant to section 14 of The Financial Administration Act, 1993, and that Act applies to a special warrant issued pursuant to this section as if it were issued pursuant to section 14 of that Act. 2015, c 14, s 6. 36 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 DIVISION 3 Legislative Assembly Service Legislative Assembly Service 70(1) The Legislative Assembly Service is continued. (2) The Legislative Assembly Service consists of: (a) the Speaker; (b) the Clerk, Clerks‑at‑the‑Table, the Sergeant‑at‑Arms and any other employees that may be required by the Clerk; (c) the Law Clerk and Parliamentary Counsel and any other employees that may be required by the Law Clerk and Parliamentary Counsel; (d) the Legislative Librarian and any other employees that may be required by the Legislative Librarian; and (e) the Legislative Protective Service continued pursuant to section 76.4. (3) The duties and functions of the Legislative Assembly Service are: (a) those duties and functions set out in the Rules and Procedures of the Legislative Assembly; (b) those duties and functions conferred or imposed pursuant to this Act; and (c) those duties and functions that may be determined by the Speaker. (4) The Clerk is responsible to the Speaker for the general administration of the Legislative Assembly Service. 2007, c L‑11.3, s 70; 2019, c 30, s 3; 2022, c 20, s 3. Terms of employment 71(1) Every individual employed by the Legislative Assembly Service is an employee of the Legislative Assembly and is not a member of the public service of Saskatchewan. (2) The employee benefits applicable to the public service of Saskatchewan apply or continue to apply, as the case may be, to the employees of the Legislative Assembly Service. (3) The Public Service Act, 1998 does not apply to employees of the Legislative Assembly Service. (4) The Public Service Superannuation Act, The Superannuation (Supplementary Provisions) Act and The Public Employees Pension Plan Act apply to employees of the Legislative Assembly Service. (5) Subject to section 79, the Clerk may appoint the employees that are required in order to exercise the powers and perform the duties of the Legislative Assembly Service effectively. 2007, c L‑11.3, s 71; 2015, c 14, s 7. 37 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 Speaker to preside over Legislative Assembly Service 72(1) The Speaker: (a) shall preside over the Legislative Assembly Service; and (b) may exercise any powers and shall perform any other function and duty that the Legislative Assembly or board may assign or delegate to the Speaker. (2) Subject to subsections (3) and (4), the Speaker, in writing, may delegate any of the Speaker’s powers and duties respecting the administration of the Legislative Assembly Service to: (a) the Deputy Speaker; (b) the Clerk; or (c) any other employee of the Legislative Assembly Service. (3) Without the express authority of either the Legislative Assembly or the board, as the case may be, the Speaker shall not further delegate any of the powers, duties and functions that the Legislative Assembly or the board may assign or delegate to the Speaker pursuant to clause (1)(b). (4) The Legislative Assembly or the board, as the case may be, may expressly authorize the Speaker to further delegate any of the powers, duties or functions that it has assigned or delegated to the Speaker pursuant to clause (1)(b) and, for that purpose, an express authorization may be general or specific in nature and may be made subject to any terms or conditions that the Legislative Assembly or the board, as the case may be, considers appropriate. 2007, c L‑11.3, s 72. Board may request allocation of space, services or goods 73 The board may: (a) make arrangements with the appropriate ministry or agency of the Government of Saskatchewan or Crown corporation for the allocation of space within the Legislative Building; and (b) make requests to the appropriate ministry or agency of the Government of Saskatchewan or Crown corporation respecting the maintenance, furnishings and services required by the Legislative Assembly or the Legislative Assembly Service in the Legislative Building and respecting other services or goods that the board considers necessary for the Legislative Assembly or the Legislative Assembly Service. 2007, c L‑11.3, s 73; 2014, c 11, s 6. 74 Repealed. 2019, c 30, s 4. 38 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 Agreements entered into by board 75(1) In this section, “delegate” includes: (a) if the Legislative Assembly or the board has delegated its power to enter into agreements to the Speaker pursuant to clause 72(1)(b), the Speaker; and (b) if the Speaker has further delegated the power to enter into agreements to the Deputy Speaker, the Clerk or another employee of the Legislative Assembly Service in accordance with subsections 72(3) and (4), the Deputy Speaker, the Clerk or the employee of the Legislative Assembly Service, as the case may be. (2) The board or a delegate, on behalf of the Legislative Assembly, may enter into any agreement that the board or the delegate considers advisable for the purposes of exercising any power or performing any duty or function for which the board is responsible or for carrying out any provision of this Act. (3) Any agreement entered into by the board or a delegate enures to the benefit of the Legislative Assembly. (4) The board or delegate is not personally liable for any agreement that it, he or she has entered into in good faith pursuant to this section. 2007, c L‑11.3, s 75. Grants 76(1) Subject to subsection (3), for any purpose relating to the Legislative Assembly or any matter under the Speaker’s administration or for which the Speaker is responsible, the Speaker may make grants to any person, agency, organization, association, institution or other body within or outside Saskatchewan. (2) The Speaker may set any terms or conditions on a grant pursuant to this section. (3) The Speaker shall obtain the approval of the board before making any grant pursuant to this section that is greater than $50,000. 2007, c L‑11.3, s 76. DIVISION 3.1 Security within Legislative District and Legislative Precinct Definitions for Division 76.1 In this Division: “Director” means the person appointed as Director of Legislative Security pursuant to section 76.2; (« directeur ») “Legislative District” means: (a) the Legislative Building, except for the Legislative Precinct; and (b) the parcel of land in the City of Regina located within the boundaries commencing at the inside north‑west corner of Legislative Drive and Memorial Way; thence easterly on the southern curb of Legislative Drive to the inside corner of Legislative Drive and Avenue A, thence southerly and westerly following Avenue A along the curve on the inside curb of Avenue A until Avenue A intersects with Memorial Way, thence northerly on the inside curb of Memorial Way until the point of commencement, being the inside north‑west corner of Legislative Drive and Memorial Way; (« Cité législative ») 39 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 “Legislative Precinct” means the floor of the Chamber of the Legislative Assembly; (« enceinte de l’Assemblée législative ») “Legislative Protective Service” or “LPS” means the Legislative Protective Service continued pursuant to section 76.4; (« Service de protection législative » ou « SPL ») “member of the LPS” means a member of the Legislative Protective Service and includes the Sergeant‑at‑Arms; (« membre du SPL ») “police officer” means: (a) a member of the Royal Canadian Mounted Police; or (b) a member of a police service as defined in The Police Act, 1990; (« agent de police ») “sheriff” means an individual appointed pursuant to section 3 of The Court Officials Act, 2012 to hold the office and perform the duties of a sheriff or a deputy sheriff; (« shérif ») “special constable” means a special constable appointed pursuant to The Police Act, 1990; (« constable spécial ») “weapon” means: (a) a firearm as defined in the Criminal Code; or (b) anything else that could be used to: (i) cause death or serious bodily harm to an individual; or (ii) threaten or intimidate an individual. (« arme ») 2022, c 20, s 4. Director of Legislative Security 76.2(1) The member of Executive Council responsible for the administration of The Police Act, 1990 shall appoint a Director of Legislative Security. (2) The Director is responsible for the security of the Legislative District. (3) The Director shall provide physical protection and security for the Legislative District, including: (a) preserving and maintaining public peace within the Legislative District; (b) protecting life and property within the Legislative District; and (c) protecting the privileges of the Legislative Assembly. (4) The Director may make arrangements with the Government of Saskatchewan respecting services that the Director considers necessary for the security of the Legislative District, including the employment or use of any police officer, sheriff or special constable that may be required by the Director for this purpose. 40 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 (5) The Director may make arrangements with the Speaker respecting services that the Director and the Speaker consider necessary for the security of the Legislative District, including the employment or use of any police officer, sheriff or special constable that may be required by the Director for this purpose. 2022, c 20, s 4. Weapons 76.3(1) No individual shall possess a weapon in the Legislative District except: (a) the Director; (b) a police officer, sheriff or special constable mentioned in subsection 76.2(4); or (c) a member of the LPS for the purposes of performing the member’s duties pursuant to this Division. (2) No individual shall possess a weapon in the Legislative Precinct except: (a) a member of the LPS; or (b) an individual designated by the Speaker. 2022, c 20, s 4. Security of Legislative Precinct 76.4(1) The Speaker is responsible for the security of the Legislative Precinct. (2) Under the direction of the Speaker, the Sergeant‑at‑Arms shall provide physical protection and security for the Legislative Precinct, including: (a) preserving and maintaining public peace within the Legislative Precinct; (b) protecting life and property within the Legislative Precinct; and (c) protecting the privileges of the Legislative Assembly. (3) The Speaker may make arrangements with the Government of Saskatchewan respecting services that the Speaker considers necessary for the security of the Legislative Precinct. (4) The Legislative Protective Service is continued consisting of: (a) the Sergeant‑at‑Arms; and (b) any other employees that may be required by the Sergeant‑at‑Arms. (5) Subject to the approval of the Speaker, the Sergeant‑at‑Arms may issue guidelines and directives for the purposes of this section. (6) The Legislative Protective Service shall provide services and perform its duties in accordance with the guidelines and directives issued pursuant to subsection (5). (7) The Sergeant‑at‑Arms and all other members of the LPS have the power of peace officers and are entitled, while performing their duties, to all the protection that peace officers are entitled to pursuant to the Criminal Code. 41 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 (8) With respect to any complaint initiated against the Sergeant‑at‑Arms or any other member of the LPS: (a) subsection 80(2) of The Police Act, 1990 applies, with any necessary modification, for the purposes of this subsection; and (b) for the purposes of clause (a), the complaint is to be forwarded to the Speaker, and the Speaker is responsible for handling the complaint. 2022, c 20, s 4. DIVISION 4 Organization of Legislative Assembly Service Clerk 77(1) The Clerk is the chief permanent officer of the Legislative Assembly. (2) The Clerk is responsible to the Speaker for the administrative and other support services required for the proper conduct of the Legislative Assembly and its members. (2.1) The Clerk shall: (a) prepare and maintain human resources and financial management policies that apply to his or her staff and operations; and (b) within the period set by the board, table with the board a copy of the policies mentioned in clause (a). (3) Subject to this Act and the approval of the Speaker, the Clerk may determine the organization and staff establishment of the Legislative Assembly Service. (4) The Clerks‑at‑the‑Table and Sergeant‑at‑Arms are officers of the Legislative Assembly. 2007, c L‑11.3, s 77; 2015, c 14, s 8. Appointment of Clerk 77.1 The Clerk shall be appointed by order of the Legislative Assembly. 2015, c 14, s 9. Removal or suspension by Legislative Assembly 77.2(1) The Legislative Assembly may, by order, remove the Clerk from office, or suspend the Clerk, for cause. (2) If the Clerk is suspended pursuant to subsection (1), the Legislative Assembly shall, by order, appoint an acting Clerk to hold office until: (a) the suspension is revoked by the Legislative Assembly; or (b) the Clerk is removed from office by the Legislative Assembly pursuant to subsection (1) and a person is appointed as Clerk pursuant to section 77.1. 2015, c 14, s 9. 42 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 Suspension when Legislative Assembly not in session 77.3(1) If the Legislative Assembly is not in session, the board may suspend the Clerk for incapacity to act, neglect of duty or misconduct that is proved to the satisfaction of the board. (2) No suspension imposed pursuant to subsection (1) continues past the end of the next session of the Legislative Assembly. (3) If the office of the Clerk is vacant or the Clerk is suspended pursuant to subsection (1), the board shall appoint an acting Clerk to hold office until: (a) a person is appointed as Clerk pursuant to section 77.1; (b) the suspension is revoked by the Legislative Assembly; or (c) the Clerk is removed from office by the Legislative Assembly pursuant to subsection 77.2(1) and a person is appointed as Clerk pursuant to section 77.1. (4) For the purposes of this section, the Legislative Assembly is not in session when it: (a) is prorogued or dissolved; or (b) is adjourned for an indefinite period or to a day more than seven days after the date on which the board made the order suspending the Clerk. 2015, c 14, s 9. Salary of the Clerk 77.4(1) Subject to subsections (2) and (3), the Clerk is to be paid a salary equal to the average salary of all the deputy ministers and acting deputy ministers of the Government calculated as at April 1 in each year, plus five per cent. (2) Any benefits or payments that may be characterized as deferred income, retirement allowances, separation allowances, severance allowances or payments in lieu of notice are not to be included in calculating the average salary of all the deputy ministers and acting deputy ministers pursuant to subsection (1). (3) If, as a result of a calculation made pursuant to subsection (1), the salary of the Clerk would be less than the Clerk’s previous salary, the Clerk is to be paid not less than his or her previous salary. (4) The Clerk is entitled to receive any benefits of office and economic adjustments that are provided generally to deputy ministers. (5) The Clerk is entitled to be paid an allowance for travel and other expenses incurred in the performance of the duties of the Clerk at a rate approved pursuant to The Public Service Act, 1998 for employees of the public service. (6) The salary of the Clerk shall be paid out of the general revenue fund. 2015, c 14, s 9. 43 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 Law Clerk and Parliamentary Counsel 78(1) The Law Clerk and Parliamentary Counsel is continued. (2) The Law Clerk and Parliamentary Counsel is an officer of the Legislative Assembly. (3) The Law Clerk and Parliamentary Counsel is responsible for providing legal services to the Legislative Assembly. 2007, c L‑11.3, s 78. Appointment and removal of officers and staff 79(1) On the recommendation of the Speaker, the board shall appoint: (a) Repealed. 2015, c 14, s 10. (b) the Law Clerk and Parliamentary Counsel; and (c) the Legislative Librarian. (2) If the Law Clerk and Parliamentary Counsel is removed from office, the Speaker shall immediately table a statement of the reasons for the removal in the Legislative Assembly. (3) If the Law Clerk and Parliamentary Counsel is removed from office, and the Legislative Assembly is not sitting, the Speaker shall provide a statement of the reasons for the removal to each member of the Legislative Assembly. 2007, c L‑11.3, s 79; 2015, c 14, s 10. Legislative Library 80(1) The Legislative Library is continued. (2) The Legislative Librarian is responsible for the management of the legislative library and for the provision of a parliamentary library service. (3) The Legislative Librarian shall prepare an annual report to be presented to the Speaker, who shall table the report in the Legislative Assembly. (4) Section 13 of The Executive Government Administration Act does not apply to the annual report mentioned in subsection (3). 2007, c L‑11.3, s 80; 2014, c 11, s 6. Legislative Library as official depository 81(1) In this section, “government publication” means a publication, pamphlet or circular that: (a) is issued for general or limited public distribution by a ministry, board, commission or agency of the Government of Saskatchewan or a Crown corporation; (b) is published by or pursuant to the authority of a ministry, board, commission or agency of the Government of Saskatchewan or a Crown corporation; or (c) is published by the Legislative Assembly or an Officer of the Legislative Assembly. 44 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 (2) The Legislative Library is the official library for the deposit of government publications. (3) Every ministry, board, commission and agency of the Government of Saskatchewan and every Crown corporation shall deposit with the Legislative Library the number of complimentary copies required by the Legislative Librarian of every government publication that: (a) is released in any form, including print and electronic, for general or limited public distribution either for free or for sale; and (b) is issued by them or pursuant to their authority in collaboration with a commercial publisher. (4) The copies mentioned in subsection (3) must be deposited within 10 days after the government publication is released to the public. (5) If a government publication mentioned in subsection (3) is made available to the public in both print and electronic form, the ministry, board, commission or agency of the Government of Saskatchewan or Crown corporation shall provide the number of copies required by the Legislative Librarian and one electronic copy to the Legislative Library. (6) If a government publication mentioned in subsection (3) is made available only in electronic form on the Internet, the ministry, board, commission or agency of the Government of Saskatchewan or Crown corporation shall provide one electronic copy to the Legislative Library within 24 hours after it is posted on the Internet. (7) The Legislative Library is designated as the official exchange library for Saskatchewan and is responsible for: (a) collecting government publications; and (b) depositing government publications with the National Library, the Library of Congress and any other library with which exchange agreements are made by the Legislative Library. 2014, c 11, s 6; 2015, c 14, s 11. DIVISION 4.1 Office of the Speaker Office of the Speaker 81.1(1) The Office of the Speaker is continued. (2) The Office of the Speaker consists of the Speaker and the employees of the Office of the Speaker. (3) On the request of the Speaker, the Legislative Assembly Service shall provide assistance and support to the Office of the Speaker. 2015, c 14, s 12. 45 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 Employees 81.2(1) The Speaker shall appoint the employees of the Office of the Speaker. (2) Employees of the Office of the Speaker are employees of the Legislative Assembly. (3) The Public Service Superannuation Act and The Public Employees Pension Plan Act apply to the employees of the Office of the Speaker. (4) The employee benefits applicable to the public servants of Saskatchewan apply or continue to apply, as the case may be, to the employees of the Office of the Speaker. 2015, c 14, s 12. Policies 81.3 The Speaker shall prepare and maintain human resources and financial management policies that apply to his or her staff and operations. 2015, c 14, s 12. DIVISION 5 Publication Production of official reports to court 82(1) In this section and section 83, “official report” means any report, paper, vote or proceeding of the Legislative Assembly. (2) In any civil proceedings or prosecution against a person for or on account of or with respect to the publication of a copy of any official report, the defendant may, at any stage of the proceedings, lay before the court or judge: (a) the official report; and (b) the copy together with an affidavit verifying the official report and the correctness of the copy. (3) On the laying of the documents mentioned in subsection (2), the court or judge shall immediately stay the proceedings. (4) If the proceedings pursuant to this section are stayed, the proceedings and every writ or process issued with respect to those proceedings are conclusively deemed to be put to an end, determined and superseded. 2007, c L‑11.3, s 82. Good faith publication 83(1) It is a good defence to any civil proceeding against a person for printing any extract from or abstract of any official report that the extract or abstract was published in good faith and without malice. 46 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 (2) If the opinion of the court or sitting jury is that an extract or abstract mentioned in subsection (1) was published in good faith and without malice, judgment must be entered for the defendant. 2007, c L‑11.3, s 83. Copies of official documents 84(1) In this section, “official document” means: (a) the Journals of the Legislative Assembly; (b) the votes and proceedings of the Legislative Assembly; (c) the debates and proceedings of the Legislative Assembly; (d) any verbatim reports of standing or special committees; and (e) any Bill that has been introduced in the Legislative Assembly and that is not available to the public from the King’s Printer. (2) A person who wishes to obtain a copy of any official document may obtain that copy by: (a) applying to the Clerk; and (b) paying to the Clerk any fee that may be set by the Speaker. 2007, c L‑11.3, s 84; 2023, c 31, s 4. PART V Executive Council 85 Repealed. 2014, c 11, s 6. 86 Repealed. 2014, c 11, s 6. 87 Repealed. 2014, c 11, s 6. 88 Repealed. 2014, c 11, s 6. 89 Repealed. 2014, c 11, s 6. 90 Repealed. 2014, c 11, s 6. 91 Repealed. 2014, c 11, s 6. 92 Repealed. 2014, c 11, s 6. 93 Repealed. 2014, c 11, s 6. 94 Repealed. 2014, c 11, s 6. 95 Repealed. 2014, c 11, s 6. 47 LEGISLATIVE ASSEMBLY, 2007 c L-11.3 PART VI Repeal, Consequential Amendment and Coming into Force SS 2005, c L-11.2 repealed 96 The Legislative Assembly and Executive Council Act, 2005 is repealed. 2007, c L‑11.3, s 96. SS 1998, c J-4.2, section 3 amended 97 Subsection 3(2) of The Jury Act, 1998 is amended by striking out “The Legislative Assembly and Executive Council Act, 2005 ” and substituting “The Legislative Assembly and Executive Council Act, 2007 ”. Coming into force 98 This Act comes into force on assent. 2007, c L‑11.3, s 98. Schedule FORM A [Section 34] OATH OR AFFIRMATION OF WITNESSES Do you solemnly swear (or affirm) that the evidence you shall give to this committee touching the subject of the present inquiry shall be the truth, the whole truth, and nothing but the truth? So help you God. (omit this phrase in an affirmation) 2007, c L‑11.3, Schedule. 48 c L-11.3 LEGISLATIVE ASSEMBLY, 2007 REGINA, SASKATCHEWAN Printed by the authority of THE King’S PRINTER Copyright©2022
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Legislative Assembly Act, 2007, L-11.3
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