Acts and Regulations

2014, c.116 - Legislative Assembly Act

Full text
Document at 29 October 2017
2014, c.116
Legislative Assembly Act
Deposited December 30, 2014
DEFINITIONS
Definitions
1The following definitions apply in this Act.
“annual indemnity” means the indemnity payable to a member of the Legislative Assembly under subsection 28(2).(indemnité annuelle)
“registered political party” means a political party that is registered under section 133 of the Elections Act.(parti politique enregistré)
1993, c.64, s.1; 2008, c.23, s.1
PRIVILEGES, IMMUNITIES, POWERS AND DISSOLUTION
Privileges, immunities and powers of Legislative Assembly
2(1)In all matters and cases not specially provided for by any Statute of the Province, the Legislative Assembly of New Brunswick, and the committees and members of the Legislative Assembly respectively, shall hold, enjoy and exercise the same privileges, immunities and powers that are held, enjoyed and exercised by the House of Commons of Canada and by the respective committees and members of the House of Commons of Canada.
2(2)The privileges, immunities and powers of the Legislative Assembly shall be deemed to be and are part of the general and public law of New Brunswick, and it shall not be necessary to plead those privileges, immunities or powers, and judicial notice shall be taken of those privileges, immunities and powers in all courts in this Province, and by and before all judges and others.
2(3)Nothing in this section shall be construed to contravene or conflict with any legislation within the power of the Parliament of Canada.
R.S.1973, c.L-3, s.1
Dissolution of Legislative Assembly
3(1)A Legislative Assembly of the Province shall not be affected by the demise of the Crown.
3(2)The present and every future Legislative Assembly shall continue until dissolved by the Lieutenant-Governor.
3(3)Nothing in this section affects the power of the Lieutenant-Governor to prorogue or dissolve the Legislative Assembly at the Lieutenant-Governor’s discretion.
3(4)Subject to the power of the Lieutenant-Governor referred to in subsection (3), the Premier shall provide advice to the Lieutenant-Governor that the Legislative Assembly be dissolved and a provincial general election be held on the following dates:
(a) on Monday, September 24, 2018, and
(b) subsequently, on the third Monday in October in the fourth calendar year following the ordinary polling day for the most recently held provincial general election.
3(5)If the Premier is of the opinion that a Monday that would be an ordinary polling day under subsection (4) is not suitable for that purpose because it is in conflict with a day of cultural or religious significance or a federal election, the Premier may choose an alternative day in accordance with subsection (6) and shall provide advice to the Lieutenant-Governor that the provincial general election be held on that day.
3(6)The alternative day shall be one of the following:
(a) if the date of a provincial general election under subsection (4) is not suitable because it is in conflict with a day of cultural or religious significance, the Monday immediately preceding or immediately following the Monday that would otherwise be the day on which the provincial general election would be held; or
(b) if the date of a provincial general election under subsection (4) is not suitable because it is in conflict with a federal election, the third Monday in September or the third Monday in November in the fourth calendar year following the ordinary polling day for the most recently held provincial general election.
R.S.1973, c.L-3, s.2; 1983, c.4, s.13; 1999, c.21, s.1; 2007, c.57, s.1; 2017, c.33, s.1
COMMITTEES
Power of committee to summon witnesses
4A committee of the Legislative Assembly appointed for the purpose of making an investigation or inquiry in relation to any public office or public work, whether wholly or partly under provincial control or in which the Province is interested as proprietor or stockholder or to which provincial aid is or may have been given during the conduct of the work in respect of which the aid is given and authorized under this Act, shall have full power to send for persons, papers and records, and to examine witnesses on oath.
R.S.1973, c.L-3, s.3
Oath of witnesses
5(1)The chair of a committee, or in his or her absence any member of the committee, shall have power during the sitting of and in the presence of the committee to administer the witnesses’ oath or affirmation to any person attending before the committee.
5(2)A notation that an oath or affirmation referred to in subsection (1) has been administered shall be entered on the minutes of the proceedings.
5(3)The form of oath or affirmation administered under subsection (1) shall be as follows:
The evidence you shall give before the committee now sitting, touching the matter in question, shall be the truth, the whole truth, and nothing but the truth. (If an oath is taken add “So help me God”).
R.S.1973, c.L-3, s.4; 1983, c.4, s.13
Disobedience or misconduct of witness
6(1)If a person served with the summons wilfully disobeys the summons, or if a witness before a committee misconducts himself or herself in giving or refusing to give evidence, the chair, or any member of the committee, by resolution of the majority of the committee, may at any time during the investigation or inquiry report the misconduct to the Legislative Assembly, and the Legislative Assembly may commit the offender into custody for contempt for any period not exceeding the session of the Legislature then being held.
6(2)The summons mentioned in subsection (1) shall state
(a) that the person to whom it is directed is required to attend personally before a committee of the Legislative Assembly, at the time and place mentioned, to testify the truth according to his or her knowledge in a certain investigation or inquiry concerning the subject stated, and
(b) that failure to attend is subject to the penalties provided in such a case.
R.S.1973, c.L-3, s.5
Expenses of witnesses
7All persons and witnesses summoned to attend and attending before a committee shall be entitled to their reasonable expenses, which shall be paid by warrant of the Lieutenant-Governor, on being certified by the chair of the committee.
R.S.1973, c.L-3, s.6
Summons
8The summons shall be signed by the chair, or in his or her absence by any two members of the committee, and shall be personally served.
R.S.1973, c.L-3, s.7
Powers of committee
9Before the powers conferred by this Act are exercised, they shall be delegated specially to the committee by resolution of the Legislative Assembly.
R.S.1973, c.L-3, s.8
Duration of committee
10(1)The Legislative Assembly may by resolution confer on a select committee appointed for any purpose or on a standing committee power to sit after the prorogation of a session.
10(2)When the power to sit after the prorogation of a session has been conferred on a select committee, the committee shall not cease to exist on the prorogation but shall continue to exist until
(a) the committee makes its final report, or
(b) the dissolution of the Legislative Assembly.
10(3)The Legislative Administration Committee shall sit despite the adjournment or prorogation of a session.
R.S.1973, c.L-3, s.9; 1979, c.37, s.1
Allowances and expenses of committee
11(1)There shall be paid to each member of a committee of the Legislative Assembly the allowances established by the Legislative Administration Committee in respect of expenses incurred by the member while engaged in the work of the committee.
11(2)There may be paid to each member of a committee of the Legislative Assembly an indemnity established by the Legislative Administration Committee for each day a member is engaged in the work of the committee.
11(3)The Legislative Administration Committee may set the terms and conditions applicable to the payment of an allowance under subsection (1) or an indemnity under subsection (2).
11(4)Nothing shall be paid under subsection (1) or (2) to a person who is in receipt of a salary under section 6 of the Executive Council Act.
R.S.1973, c.L-3, s.10; 1977, c.30, s.1; 1977, c.M-11.1, s.12; 1978, c.34, s.1; 1979, c.37, s.2; 1980, c.29, s.1; 1993, c.64, s.2; 2008, c.23, s.2; 2011, c.20, s.3
Proceedings of committee as evidence
12A copy of the resolution constituting and delegating powers to a committee, and of the evidence taken before the committee, certified by the Clerk of the Legislative Assembly, shall be evidence in all courts of the appointment of the committee, and of the evidence having been given.
R.S.1973, c.L-3, s.11
Exemption of members as witnesses
13No member of the Legislative Assembly shall be subject to any of the provisions of sections 6 and 7, but any member may, by leave of the Legislative Assembly, attend any committee as previously accustomed and according to parliamentary usage.
R.S.1973, c.L-3, s.12
Testimonial privilege of witness
14(1)A witness shall not be compelled to answer any question that in a court the witness could not be required to answer, nor to produce any paper that in a court the witness could not be required to produce.
14(2)No evidence given by a witness shall render the witness liable to any action or proceeding in any court, or be used against him or her in any case.
R.S.1973, c.L-3, s.13
SPEAKER AND DEPUTY SPEAKER
Duties of Deputy Speaker in absence of Speaker
15(1)When the Speaker is unavoidably absent from a sitting of the Legislative Assembly, a Deputy Speaker 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, and so from day to day until the Legislative Assembly otherwise orders.
15(2)If the Legislative Assembly adjourns for more than 24 hours, the Deputy Speaker shall continue to perform the duties and exercise the authority of the Speaker for 24 hours only after the adjournment.
R.S.1973, c.L-3, s.14; 1993, c.41, s.1; 2007, c.30, s.1
Absence of Speaker and Deputy Speakers
16When the Legislative Assembly is informed by the Clerk of the unavoidable absence of the Speaker and both Deputy Speakers or of the absence of the Speaker when no Deputy Speaker has been appointed, on a motion by which the question shall be put by the Clerk, the Legislative Assembly shall appoint a member to take the chair and act as Speaker during the continuance of the absence or until the Legislative Assembly otherwise orders.
R.S.1973, c.L-3, s.15; 1993, c.41, s.2; 2007, c.30, s.2
Speaker leaving chair
17When the Speaker finds it necessary to leave the chair, he or she may call on a Deputy Speaker or, in the absence of both Deputy Speakers, on any member of the Legislative Assembly to take the chair and act as Speaker, and the member called on shall take the chair and act as Speaker during the remainder of the day, unless the Speaker himself or herself resumes the chair before the close of the sitting for the day.
R.S.1973, c.L-3, s.16; 1993, c.41, s.3; 2007, c.30, s.3
Effect of member as Speaker
18When, under section 15, 16 or 17, any member of the Legislative Assembly other than the Speaker performs the duties and exercises the authority of the Speaker,
(a) every act done by the member in the proper discharge of his or her duties shall have the same effect and validity as if it had been done by the Speaker, and
(b) every Act passed, every order made and everything done by the Legislative Assembly while the member is acting as Speaker shall be as valid and effectual as if the Speaker himself or herself was in the chair.
R.S.1973, c.L-3, s.17; 2007, c.30, s.4
Resignation of Speaker
19The Speaker may vacate the office of Speaker by making a declaration to that effect in the Legislative Assembly or by delivering to the Clerk of the Legislative Assembly a written resignation signed in the presence of two members and certified by them.
R.S.1973, c.L-3, s.18; 1978, c.D-11.2, s.23; 1986, c.8, s.64; 1989, c.55, s.32; 1992, c.2, s.31; 1999, c.21, s.2; 2007, c.30, s.5
Salaries paid to Speaker and Deputy Speakers
20(1)In addition to the amounts provided for under subsections 28(2) and (3), the Speaker of the Legislative Assembly shall be paid an annual salary equal to the salary provided for in subsection 6(1) and subsections 7(1) to (5) of the Executive Council Act.
20(2)In addition to the amounts provided for under subsections 28(2) and (3), each Deputy Speaker of the Legislative Assembly shall be paid an annual salary equal to 50% of the annual salary paid to the Speaker of the Legislative Assembly.
20(3)The annual salary payable to the Speaker or a Deputy Speaker under this section may be paid in instalments in the frequency, on the days and in the amounts determined by the Legislative Administration Committee.
20(4)For the purpose of computing the amount of the annual salary payable to the Deputy Speakers under this section,
(a) subject to paragraph (c), each of the first two members who are nominated by the Premier for the offices of Deputy Speaker after the polling day of a provincial general election shall be deemed to be a Deputy Speaker from the day of the nomination, inclusive, until the day that the member dies, resigns from the office or otherwise ceases to hold the office for any reason, or fails to be elected to the office by the Legislative Assembly, whichever occurs first,
(b) subject to paragraph (a), if a holder of the office of Deputy Speaker changes because of the holder’s death, resignation or any other reason, the successor to the office shall be deemed to have held the office from the day following the day on which the predecessor ceased to hold it, inclusive, and
(c) if the Legislative Assembly is dissolved, the member then holding the office shall be deemed to remain in the office until the earlier of
(i) the day before the polling day of the first provincial general election following the dissolution, and
(ii) if that member dies before the day referred to in subparagraph (i), the date of death.
R.S.1973, c.L-3, s.19; 1979, c.37, s.3; 1980, c.29, s.2; 1981, c.39, s.1; 1985, c.55, s.1.1; 1987, c.31, s.1; 1993, c.41, s.4; 1993, c.64, s.3; 1995, c.22, s.1; 2007, c.30, s.6; 2007, c.57, s.2; 2008, c.23, s.3; 2011, c.20, s.3; 2015, c.7, s.4
Term of office of Speaker
21For the purpose of computing the amount of the annual salary payable to the Speaker under section 20 and for all other purposes, a member who is elected to the office of Speaker shall be deemed to be the Speaker from the day of election to that office until the earliest of the following days, both days inclusive:
(a) whether before or after the Legislative Assembly is dissolved, the day before the day on which a member is next elected to that office by the Legislative Assembly;
(b) before the Legislative Assembly is dissolved, the day that the holder of the office
(i) dies,
(ii) resigns from the office, or
(iii) otherwise ceases to hold the office for any reason; and
(c) after the Legislative Assembly is dissolved, the day that the holder of the office
(i) dies, or
(ii) resigns from the office.
1995, c.22, s.2; 2007, c.30, s.7; 2007, c.57, s.3
ELIGIBILITY AND VACANCIES
Eligibility of member
22(1)No person is eligible to be a member of or capable of sitting or voting in the Legislative Assembly whose election or return under the Elections Act or Political Process Financing Act is null and void.
22(2)Nothing in this section shall render ineligible a person because he or she is a member of the Executive Council for the Province.
22(3)The acceptance of an office mentioned in subsection (2) by a member of the Legislative Assembly shall not vacate his or her seat.
R.S.1973, c.L-3, s.20; 1978, c.34, s.2; 1991, c.59, s.55; 2003, c.E-4.6, s.167
Ineligibility or disqualification of a person as member
23(1)A person who is a senator of Canada or a member of the House of Commons of Canada is not eligible to be a member of the Legislative Assembly and may not sit or vote in the Legislative Assembly.
23(2)If any person, being a member of the Legislative Assembly, is or becomes disqualified as a member of the Legislative Assembly under any of the provisions of this Act, his or her seat in the Legislative Assembly shall be vacated.
R.S.1973, c.L-3, s.22; 1993, c.41, s.5
Definition of “Speaker”
24In sections 25 and 27, “Speaker” means the Speaker of the Legislative Assembly, but does not include
(a) a Deputy Speaker acting as Speaker under section 15 or 17,
(b) a member acting as Speaker under section 16 or 17, or
(c) a Deputy Speaker or a member acting as Speaker under section 17 or 18 of the Standing Rules of the Legislative Assembly of New Brunswick.
1999, c.21, s.3; 2007, c.30, s.8
Vacancy of seat of member
25(1)A member or member-elect of the Legislative Assembly may vacate his or her seat by delivering to the Speaker a written resignation signed in the presence of two members or two members-elect and certified by them.
25(2)Despite subsection (1), a member or member-elect of the Legislative Assembly may vacate his or her seat by delivering to the Clerk of the Legislative Assembly a written resignation signed in the presence of two members or two members-elect and certified by them if
(a) the office of Speaker is vacant,
(b) the Speaker is absent from the Province or is unable to act as Speaker, or
(c) the member or member-elect who wishes to vacate his or her seat is the Speaker.
R.S.1973, c.L-3, s.23; 1978, c.D-11.2, s.23; 1986, c.8, s.64; 1989, c.55, s.32; 1992, c.2, s.31; 1998, c.32, s.85; 1999, c.21, s.4; 2007, c.30, s.9
Members who change political affiliation
Repealed: 2015, c.6, s.4
2015, c.6, s.4
26Repealed: 2015, c.6, s.4
2014, c.62, s.2; 2015, c.6, s.4
Report of vacancy
27(1)If a seat is vacant as the result of the death, resignation or otherwise of a member or member-elect, the Speaker, on receiving the written certificate of two members or two members-elect to that effect, shall report the vacancy without delay to the Lieutenant-Governor in Council.
27(2)Despite subsection (1), if the office of Speaker is vacant, the Speaker is absent from the Province or is unable to act as Speaker or the member or member-elect who has died, resigned or otherwise ceased to be a member or member-elect is the Speaker, the Clerk of the Legislative Assembly, on receiving a written certificate as described in subsection (1), shall report a vacancy referred to in that subsection to the Lieutenant-Governor in Council without delay.
R.S.1973, c.L-3, s.24; 1978, c.D-11.2, s.23; 1986, c.8, s.64; 1989, c.55, s.32; 1992, c.2, s.31; 1998, c.32, s.85; 1999, c.21, s.5; 2007, c.30, s.10
INDEMNITIES, SALARIES AND ALLOWANCES
Annual indemnities and salaries
28(1)The following definitions apply in this section.
“change in the GDP” means the percentage by which the GDP has changed in year two, expressed as a decimal, when compared to the GDP for year one.(variation du PIB)
“GDP” , in relation to a particular calendar year, means the expenditure-based gross domestic product for New Brunswick, chained to 2007 dollars, as published by Statistics Canada.(PIB)
“year one” means the calendar year immediately preceding year two.(première année)
“year two” means the calendar year immediately preceding the calendar year in which the 12-month period for which the indemnity is to be determined commences.(deuxième année)
28(2)Each member of the Legislative Assembly shall be paid an indemnity of $85,000 per year, as adjusted under this section.
28(3)Subject to subsections (4), (5) and (6), for the 12-month period commencing October 1, 2013, and for each subsequent 12-month period, each member of the Legislative Assembly shall be paid an annual indemnity in an amount that is determined
(a) by multiplying the change in the GDP by 75%,
(b) by increasing 1.0 by the number determined under paragraph (a), and
(c) by multiplying the annual indemnity payable for year two by the number determined under paragraph (b).
28(4)For the purposes of paragraph (3)(a), the change in the GDP shall be calculated using the most recent GDP estimates published by Statistics Canada.
28(5)For the purposes of paragraph (3)(a), if the change in the GDP is a negative number, it shall be deemed to be zero.
28(6)If the number determined under paragraph (3)(b) exceeds 1.02, it shall be deemed to be 1.02.
28(7)The annual indemnity payable to a member under subsection (2), as adjusted under this section, may be paid in instalments in the frequency, on the days and in the amounts determined by the Legislative Administration Committee.
28(8)For the purpose of computing the amount of any annual indemnity payable under subsection (2), as adjusted under this section, a member of the Legislative Assembly shall be deemed to be a member during the period
(a) commencing on the polling day on which the member is elected, and
(b) ending on the earlier of
(i) the day before the polling day of the first provincial general election that follows the dissolution of the Legislative Assembly of which the member is a member, and
(ii) if the member’s seat becomes vacant because of the member’s death, resignation, expulsion, ineligibility, other disqualification or any other reason, the day on which the vacancy occurs.
28(9)Any annual indemnity or portion of an annual indemnity, as adjusted under this section, that would have been payable to a member of the Legislative Assembly if a provincial general election or a provincial by-election had not been held, during the period between the polling day in a riding and the day on which the results of the election in that riding are officially declared, inclusive, shall be paid retroactively to the member of the Legislative Assembly who is officially declared elected in that riding.
28(10)In addition to the annual indemnity under subsection (2), as adjusted under this section, each member of the Legislative Assembly holding the position of Whip of a recognized party shall be paid an indemnity in an amount to be established by the Legislative Administration Committee.
28(11)In addition to the annual indemnity under subsection (2), as adjusted under this section, each member of the Legislative Assembly holding the position of House Leader or Caucus Chair of a recognized party may be paid an indemnity in an amount to be established by the Legislative Administration Committee, and the indemnity shall be paid in the frequency, on the days and in the amounts established by the Legislative Administration Committee.
28(12)In addition to the annual indemnity under subsection (2), as adjusted under this section, there shall be paid to the member of the Legislative Assembly who is the Leader of the Opposition an annual salary equal to 70% of the salary provided for in subsection 6(2) and subsections 7(1) to (5) of the Executive Council Act.
28(13)The annual salary payable to the Leader of the Opposition under this section may be paid in instalments in the frequency, on the days and in the amounts determined by the Legislative Administration Committee.
28(14)For the purpose of computing the amount of the annual salary payable to the Leader of the Opposition under this section,
(a) the member of the Legislative Assembly who first occupies the office of Leader of the Opposition after the polling day of a provincial general election shall be deemed to have held the office from the polling day,
(b) if the member of the Legislative Assembly who is the Leader of the Opposition changes because of the Leader’s death or resignation, the holding of an election or any other reason, the successor, if a member of the Legislative Assembly, shall be deemed to have been the Leader of the Opposition from the day following the day on which the change occurs, and
(c) if the Legislative Assembly is dissolved, the member of the Legislative Assembly who is the Leader of the Opposition on the day of dissolution shall be deemed to remain as the Leader of the Opposition until the earlier of
(i) the day preceding the polling day of the first provincial general election following the dissolution, and
(ii) if the Leader dies before the day referred to in subparagraph (i), the date of death.
28(15)Subsection (9) applies with the necessary modifications to the payment of the annual salary to the Leader of the Opposition under this section.
28(16)In addition to the annual indemnity under subsection (2), as adjusted under this section, there shall be paid to any member of the Legislative Assembly who is the leader of a registered political party, other than the party of the Premier or the Leader of the Opposition, an annual salary equal to 25% of the salary provided for in subsection 6(2) and subsections 7(1) to (5) of the Executive Council Act.
28(17)Subsections (9), (13) and (14) apply with the necessary modifications to the payment of the annual salary to the leader of a registered political party referred to in subsection (16).
28(18)Despite any provision of the Financial Administration Act, nothing in this Act shall be construed to preclude payment of a portion of an annual salary, annual indemnity or allowance during the 12-month period preceding the 12-month period for which it is payable.
R.S.1973, c.L-3, s.25; 1975, c.33, s.1; 1975, c.82, s.1; 1978, c.34, s.3; 1979, c.37, s.5; 1980, c.29, s.3; 1981, c.39, s.2; 1984, c.49, s.2; 1985, c.55, s.1; 1991, c.E-13.1, s.16; 1992, c.49, s.1; 1993, c.41, s.6; 1993, c.64, s.4; 1994, c.54, s.1; 2001, c.12, s.1; 2001, c.42, s.1; 2007, c.30, s.11; 2007, c.57, s.4; 2008, c.23, s.4; 2009, c.46, s.2; 2011, c.36, s.2; 2013, c.10, s.2; 2015, c.7, s.4
Expense allowance of Speaker and Deputy Speakers
29(1)There shall be paid annually for expenses incidental to the discharge of their duties as members of the Legislative Assembly,
(a) to the Speaker, an allowance of $1,000, and
(b) to each Deputy Speaker, an allowance of $250.
29(2)In addition to amounts authorized under subsection (1), the Speaker and the Deputy Speakers shall be reimbursed for actual expenses incurred in performing their duties out of money appropriated for the purpose by the Legislature.
R.S.1973, c.L-3, s.28; 1975, c.33, s.2; 1977, c.30, s.2; 1980, c.29, s.6; 1993, c.41, s.9; 1993, c.64, s.7; 2007, c.30, s.12; 2008, c.23, s.5
Expenses and staff of leaders and members
30(1)There shall be paid to the member of the Legislative Assembly who is the Leader of the Opposition an annual allowance to be used for the salaries of staff, travel, accommodation and the other expenses of the office and staff that may be incurred.
30(2)The member of the Legislative Assembly who is the Leader of the Opposition may employ persons to perform research and executive, secretarial and other responsibilities in connection with the office and those persons shall be paid in the same manner as, and shall be entitled to the same benefits as, employees in comparable positions in the public service, except that they shall be employed at the pleasure of the Leader of the Opposition.
30(3)There shall be paid to any member of the Legislative Assembly who is the leader of a registered political party, other than the party of which the Premier is the leader and the party of the Leader of the Opposition, an annual allowance to be used for salaries of staff, travel, accommodation and the other expenses of the office and staff that may be incurred.
30(4)There shall be expended on behalf of each member of the Legislative Assembly an annual allowance to be used for secretarial and other assistance incidental to the performance of the duties of the member.
30(5)The Legislative Administration Committee shall determine the amounts, manner, frequency and dates of payment of allowances to be paid or expended under this section.
R.S.1973, c.L-3, s.29; 1980, c.29, s.7; 1993, c.64, s.8; 1999, c.21, s.6; 2007, c.30, s.13; 2008, c.23, s.6
Expenses and fringe benefits of members
31(1)Members of the Legislative Assembly who are not in receipt of a salary under section 6 of the Executive Council Act shall be reimbursed for the expenses listed in Schedule A that are incurred in the performance of the members’ duties.
31(2)Members of the Legislative Assembly who are in receipt of a salary under section 6 of the Executive Council Act shall be reimbursed for the expenses described in section 4 of Schedule A.
31(3)No member of the Legislative Assembly shall be reimbursed for an expenditure that is not claimed within 45 days after the end of the government’s fiscal year.
31(4)The Clerk shall tax the accounts of members of the Legislative Assembly and the Clerk’s decision may be appealed to the Legislative Administration Committee.
31(5)Each member of the Legislative Assembly may participate in and receive benefits under any health, life, disability or other insurance plan available to employees within the public service, in accordance with the terms on which the right to participate and receive benefits may be extended to members.
31(6)For each period of time in a fiscal year referred to in subsection (7), the Clerk shall
(a) prepare a report containing a detailed account of the expenses referred to in subsection (8) that are paid for that period of time to
(i) the member of the Legislative Assembly who is the Leader of the Opposition and is paid an allowance under subsection 30(1),
(ii) the staff of the member referred to in subparagraph (i),
(iii) the member of the Legislative Assembly who is the leader of a registered political party, other than the party of which the Premier is the leader and the party of the Leader of the Opposition, and is paid an allowance under subsection 30(3), and
(iv) the staff of the member referred to in subparagraph (iii), and
(b) prominently publish the report on the website of the Office of the Legislative Assembly within 90 days after the end of the period of time and at the same time make it available for public inspection during normal business hours at the Office of the Legislative Assembly.
31(7)For the purposes of subsection (6), the period of time in a fiscal year is that period of time for which a member of the Legislative Assembly who is in receipt of a salary under section 6 of the Executive Council Act reports the expenses referred to in subsection (8).
31(8)For the purposes of subsections (6) and (7), the expenses are the categories of expenses that a member of the Legislative Assembly who is in receipt of a salary under section 6 of the Executive Council Act reports on the website of the Government of New Brunswick.
31(9)For each quarter of a fiscal year, the Clerk shall
(a) prepare a report containing a detailed account of all expenses paid for that quarter to members under subsections (1) and (2) and sections 32 and 33, and
(b) prominently publish the report on the website of the Office of the Legislative Assembly within 90 days after the end of the quarter and at the same time make it available for public inspection during normal business hours at the Office of the Legislative Assembly.
31(10)For each fiscal year, the Clerk shall
(a) prepare a report containing a detailed account of all expenses paid for that fiscal year to members under subsections (1) and (2) and sections 32 and 33, and
(b) prominently publish the report on the website of the Office of the Legislative Assembly within 90 days after the end of the fiscal year.
R.S.1973, c.L-3, s.30; 1984, c.49, s.3; 1993, c.64, s.9; 2002, c.42, s.1; 2008, c.23, s.7; 2011, c.20, s.3; 2014, c.60, s.1
Expenses and fringe benefits of former members
32(1)Even though the Legislative Assembly has been dissolved, a former member of that Legislative Assembly who offers for the provincial election immediately following may be reimbursed for those expenses described in section 4 of Schedule A for the period from the day of dissolution of the Legislative Assembly to the day before the polling day, subject to the terms and conditions that may be determined by the Legislative Administration Committee.
32(2)Even though the Legislative Assembly has been dissolved, a former member of that Legislative Assembly who does not offer for the provincial election immediately following may be reimbursed for those expenses described in section 4 of Schedule A for the period from the day of the dissolution of the Legislative Assembly to the last day of the month after the month in which the polling day occurs, subject to the terms and conditions that may be determined by the Legislative Administration Committee.
32(3)A former member of a Legislative Assembly referred to in subsection (1) who is not re-elected may be reimbursed for those expenses described in section 4 of Schedule A for the period from the polling day to the last day of the month after the month in which the polling day occurs, subject to the terms and conditions that may be determined by the Legislative Administration Committee.
32(4)A former member of a Legislative Assembly referred to in subsection (1) who is re-elected or a person who is newly elected in the provincial election immediately following the dissolution of the Legislative Assembly may be reimbursed for those expenses described in section 4 of Schedule A for the period from the polling day in a riding to the day on which the results of that riding are officially declared, subject to the terms and conditions that may be determined by the Legislative Administration Committee.
32(5)Subsections 31(3) and (4) apply with the necessary modifications to expenses paid to a person under this section.
2002, c.42, s.2; 2007, c.57, s.5
Counselling or retraining expenses of former members
33(1)A person who is a member of the Legislative Assembly immediately before it is dissolved and who does not, for any reason, become a member of the next following Legislative Assembly may be reimbursed to a maximum of $5,000 for expenses incurred with respect to career counselling or retraining, subject to the terms and conditions that may be determined by the Legislative Administration Committee.
33(2)Subsection 31(4) applies with the necessary modifications to expenses paid to a person under this section.
2008, c.23, s.8
Deductions from payments
34(1)In this section, “one day’s pay” means the amount that is determined in accordance with subsection (2).
34(2)One day’s pay shall be determined by the following formula:
Amount of annual indemnity, as adjusted
365
34(3)The annual indemnity, as adjusted, of a member of the Legislative Assembly shall be reduced by one day’s pay for each day exceeding five on which the member is absent from a sitting of the Legislative Assembly for reasons other than those set out in subsection (5).
34(4)The annual indemnity, as adjusted, of a member of the Legislative Assembly shall be reduced by one day’s pay for each day on which
(a) the member has been named by the Speaker and suspended for a specified number of days by resolution of the Legislative Assembly, or
(b) the member has been ordered by the Speaker to withdraw immediately for the remainder of a sitting day.
34(5)No deduction shall be made under subsection (3) if a member is absent from a sitting of the Legislative Assembly for the following reasons:
(a) the member is engaged in constituency business;
(b) the member is engaged in the business of the Government of New Brunswick or of the Legislative Assembly;
(c) the member is performing duties as
(i) a member of caucus or a committee of the Legislative Assembly,
(ii) the critic of a government department, a program or Crown corporation, or
(iii) the Leader of the Opposition or the leader of another registered political party;
(d) the member is absent due to
(i) serious illness related to a member of his or her family,
(ii) bereavement,
(iii) exceptional family circumstances, or
(iv) injury or illness of the member, certified by a medical practitioner if of more than five days’ duration;
(e) the member is absent because circumstances not directly attributable to the member prevent his or her attendance; or
(f) the member has been granted leave by the Speaker.
34(6)While the Legislative Assembly is in session, every member, other than the Premier and the Leader of the Opposition, shall file a signed declaration with the Speaker on or before the tenth day of the month with respect to the member’s absence from a sitting of the Legislative Assembly for the previous month for reasons other than those set out in subsection (4) or (5).
34(7)The declaration referred to in subsection (6) shall be on a form approved by the Legislative Administration Committee, and the Speaker shall make all declarations available for examination by members of the public during the normal business hours of the office of the Clerk of the Legislative Assembly.
1993, c.64, s.10; 2008, c.23, s.9; 2011, c.36, s.2
Calculation of indemnities, allowances or salaries for a portion of a time period
35Despite any other provision of this Act except sections 34 and 38, if a person, by reason of the operation of deeming provisions or otherwise, qualifies to be paid all, a portion or an instalment of any indemnity, salary or allowance under this Act during a portion only of the full time period to which it relates, the ratio between the amount of that indemnity, salary, allowance, portion or instalment paid to the person and the total amount that would have been payable if the person had qualified during the full time period shall equal the ratio between the time period during which the person qualifies for that indemnity, salary, allowance, portion or instalment and the full time period to which it relates.
1993, c.64, s.10; 2008, c.23, s.10
Power respecting indemnities, allowances, salaries
36(1)The Legislative Assembly may by resolution
(a) provide for the establishment of an indemnity or salary instead of any indemnity or salary authorized to be paid under this Act, other than an indemnity or salary under subsection 20(1) or subsection 28(2), (3), (12) or (16);
(b) provide for the establishment of an allowance to be paid to members in respect of expenses incurred by them in the performance of their duties as members;
(c) provide for the establishment of amounts and maximum amounts for purposes of Schedule A; and
(d) amend Schedule A.
36(2)Any indemnity, allowance or salary established under paragraph (1)(a) or (b) shall be paid by the Comptroller on certificate of the Clerk of the Legislative Assembly and the certificate is sufficient authority to the Comptroller to pay the indemnity, allowance or salary for any session of the Legislative Assembly following its issue until superseded by a subsequent certificate.
1977, c.30, s.3; 1978, c.34, s.4; 1979, c.37, s.6; 1980, c.29, s.8; 1984, c.49, s.4; 2008, c.23, s.11
Delegation to Legislative Administration Committee
37The Legislative Assembly may delegate to the Legislative Administration Committee its authority under this Act with respect to amounts, indemnities, allowances and salaries and with respect to the amendment of Schedule A.
1984, c.49, s.5
Transition allowances
38(1)The following definitions apply in this section.
“full-time employment” means employment in the Public Service requiring continuous service in an office or position and that the employee work at least 29 hours per week.(emploi à plein temps )
“pensionable service” means pensionable service as defined in the Members Superannuation Act or the Members’ Pension Act, but does not include any period of active military service counted as pensionable service.(service ouvrant droit à pension)
“Public Service” means the departments, boards, commissions, corporations, agencies and educational institutions whose employees are members of the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions.(services publics )
“session” means a session of the Legislative Assembly.(session)
38(2)A person who is a member of the Legislative Assembly immediately before it is dissolved and who does not, for any reason, become a member of the next following Legislative Assembly shall be paid a transition allowance equal to one-twelfth of the person’s annual indemnity as a member, at the rate in force immediately before the person ceased to be a member, for each session or portion of a session of pensionable service in the Legislative Assembly up to a maximum of six sessions.
38(3)Despite subsection (2), a person who is a member of the Legislative Assembly immediately before it is dissolved and who does not, for any reason, become a member of the next following Legislative Assembly shall be paid a transition allowance equal to one-twelfth of the person’s annual indemnity as a member, at the rate in force immediately before the person ceased to be a member if, immediately after the person ceases to be a member, the member
(a) is entitled to receive an annual pension under subsection 10(1) of the Members’ Pension Act, or
(b) elects to receive an annual pension reduced under subsection 10(3.1) of the Members’ Pension Act.
38(4)Subject to subsection (5), a person who is a member of the Legislative Assembly and resigns as a member or otherwise ceases to be a member for any reason, before the Legislative Assembly is dissolved, shall be paid a transition allowance equal to one-twelfth of the person’s annual indemnity as a member, at the rate in force immediately before the person ceased to be a member.
38(5)If a person who is a member of the Legislative Assembly dies or ceases to be a member by reason of any permanent illness or infirmity by which the person is, in the opinion of the Speaker after consulting with the Legislative Administration Committee and after considering the opinion of the medical practitioner or practitioners that the Speaker and the Committee consider appropriate, disabled from performing the person’s duties as a member, the person’s estate or the person, as the case may be, shall be paid a transition allowance equal to one-twelfth of the person’s annual indemnity as a member, at the rate in force immediately before the person died or ceased to be a member, for each session or portion of a session of pensionable service in the Legislative Assembly up to a maximum of six sessions.
38(6)Despite subsections (2), (3), (4) and (5), a transition allowance shall not be paid under those subsections in relation to a period of time respecting which all or a portion of a transition allowance has previously been paid.
38(7)Despite subsections (2), (3), (4) and (5), a person’s entitlement to receive a transition allowance ceases if he or she
(a) obtains full-time employment in the Public Service,
(b) is required in respect of his or her employment to participate in a pension plan sponsored by the Province, other than employment referred to in paragraph (a),
(c) is appointed as a judge in accordance with the Provincial Court Act,
(d) is appointed as a judge who is subject to the Judges Act (Canada),
(e) is appointed as a member of the Senate of Canada,
(f) is elected as a member of the House of Commons of Canada,
(g) is appointed as the Lieutenant-Governor of New Brunswick, or
(h) is appointed as the Governor General of Canada.
38(8)Despite subsection (2), a person who is paid a transition allowance under subsection (2) instead of the transition allowance payable under paragraph (3)(b) ceases to be entitled to receive the transition allowance under subsection (2) if he or she elects to receive an annual pension reduced under subsection 10(3.1) of the Members’ Pension Act.
38(9)The Legislative Administration Committee shall determine the manner, frequency and dates of payment of a transition allowance to be paid or expended under this section.
1993, c.64, s.11; 1996, c.1, s.1; 2007, c.30, s.14; 2007, c.57, s.6; 2008, c.23, s.12; 2011, c.34, s.1; 2013, c.44, s.25
Salary and benefits review
39(1)After the second provincial general election held after April 1, 2008, and after every second provincial general election held after that, the Legislative Administration Committee shall establish a committee to review the salary and benefits of members under this Act and the salaries and benefits of members who have responsibilities under the Executive Council Act.
39(2)No member of the committee established under subsection (1) shall be a member of the Legislative Assembly.
2008, c.23, s.13
OFFICE OF THE LEGISLATIVE ASSEMBLY
Office of the Legislative Assembly
40There is established the Office of the Legislative Assembly that shall consist of the Speaker, two Deputy Speakers, the Clerk, the Clerk Assistant, the Official Translator, the Law Clerk, the Official Reporter, the Sergeant-at-Arms and any other officers and employees that may be required for the proper conduct of the business of the Office of the Legislative Assembly.
1981, c.39, s.4; 1993, c.41, s.10; 2007, c.30, s.15
Officers and employees
41(1)Subject to subsection (2), all officers and employees of the Office of the Legislative Assembly, other than the Speaker and the Deputy Speakers, shall be appointed by the Legislative Administration Committee.
41(2)The Clerk shall be appointed by the Legislative Assembly on the recommendation of the Legislative Administration Committee.
41(3)The Clerk shall be paid the annual salary and receive the benefits that the Legislative Administration Committee determines.
41(4)The Clerk shall hold office during good behaviour and may be removed for cause only by the Legislative Assembly on the recommendation of the Legislative Administration Committee.
41(5)If for any reason the office of Clerk becomes vacant, the Legislative Administration Committee may appoint an acting Clerk, who shall have the responsibilities, duties, powers and authority of the Clerk until a Clerk is appointed under subsection (2).
41(6)An acting Clerk appointed under subsection (5) shall be paid an annual salary that is determined by the Legislative Administration Committee.
41(7)Every act done by an acting Clerk appointed under subsection (5) in properly discharging the duties of the Clerk shall have the same effect and validity as if it had been done by the Clerk.
41(8)The Legislative Administration Committee shall determine and regulate the pay and other terms and conditions of employment of officers and employees in the Office of the Legislative Assembly, other than the Speaker and the Deputy Speakers.
41(9)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to all officers and employees in the Office of the Legislative Assembly, other than the Speaker and the Deputy Speakers.
41(10)The Clerk, the Clerk Assistant, the Official Translator, the Law Clerk, the Official Reporter, the Sergeant-at-Arms and any other officers and employees that may be appointed under subsection (1) have, in addition to any duties prescribed in this Act, the duties that may be provided for in the Standing Rules of the Legislative Assembly and that may be prescribed by the Speaker.
1981, c.39, s.4; 1984, c.C-5.1, s.51; 1991, c.27, s.20; 1993, c.41, s.11; 1993, c.64, s.12; 2007, c.30, s.16; 2013, c.44, s.25
Estimates
42(1)The Speaker shall present annually to the Legislative Administration Committee the estimates of the sums of money that will be required to be provided by the Legislative Assembly for the purposes of this Act and the Committee shall review the estimates, make the alterations it considers proper and subsequently concur in the estimates.
42(2)The Speaker shall cause the estimates of the Office of the Legislative Assembly to be laid before the Legislative Assembly at the same time as and as a component part of the main estimates.
42(3)The Legislative Assembly may refer the estimates of the Office of the Legislative Assembly to the Standing Committee on Estimates.
42(4)If the estimates of the Office of the Legislative Assembly are not referred to the Standing Committee on Estimates, they shall be considered in the Committee of Supply and shall be defended by the Speaker.
1993, c.64, s.13; 2007, c.30, s.17
Transfer of money between items of the estimates
43The Legislative Administration Committee may authorize the transfer of money from one item of the estimates of the Office of the Legislative Assembly to another item within the same vote.
1993, c.64, s.13
SCHEDULE A
EXPENSES FOR WHICH MEMBERS OF THE LEGISLATIVE ASSEMBLY MAY BE REIMBURSED
1Travel costs between the member’s home and The City of Fredericton, including, if a personal automobile is used, travel costs at the rate set out in Appendix A of the Travel Allowances And Other Expenses section of the Travel Policy made under the Financial Administration Act.
2Costs of subsistence and accommodation while attending sittings of the Legislative Assembly.
3Telephone costs for calls on the member’s business within New Brunswick, accounted for on the basis of an authorized telephone credit card.
4Constituency office costs for each member to provide services to constituents, consisting of office accommodation, office operations and staff.
R.S.1973, c.L-3, Schedule A; 1975, c.33, s.3; 1977, c.30, s.4; 1978, c.34, s.5; Am.C.L.A. June 14, 1979; 1979, c.37, s.7; 1984, c.49, s.6; 1993, c.41, s.13; 1993, c.64, s.17
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to May 5, 2017.