Acts and Regulations

2014, c.116 - Legislative Assembly Act

Section 28
Disposition versions

Full text
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 2012 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28(2.1)Repealed: 2023, c.21, s.2
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28(6.1)Repealed: 2023, c.21, s.2
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 section 7 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 section 7 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; 2017, c.50, s.2; 2021, c.17, s.2; 2023, c.21, s.2
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 2012 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(2.1)Despite subsection (2), for the period commencing on January 1, 2016, and ending on March 31, 2022, the amount of the annual indemnity payable to each member of the Legislative Assembly shall be the same as the amount of $85,000 established under subsection (2) for the 12-month period commencing on April 1, 2008, and this annual indemnity shall be deemed to be the indemnity authorized under subsection (2), without the adjustment set out in subsections (3) to (6).
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(6.1)Subsections (3) to (6) do not apply during the period commencing on January 1, 2016, and ending on March 31, 2022.
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, for the period commencing on January 1, 2016, and ending on March 31, 2022, 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 section 7 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, for the period commencing on January 1, 2016, and ending on March 31, 2022, 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 section 7 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; 2017, c.50, s.2; 2021, c.17, s.2
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(2.1)Despite subsection (2), for the period commencing on January 1, 2016, and ending on March 31, 2021, the amount of the annual indemnity payable to each member of the Legislative Assembly shall be the same as the amount of $85,000 established under subsection (2) for the 12-month period commencing on April 1, 2008, and this annual indemnity shall be deemed to be the indemnity authorized under subsection (2), without the adjustment set out in subsections (3) to (6).
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(6.1)Subsections (3) to (6) do not apply during the period commencing on January 1, 2016, and ending on March 31, 2021.
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, for the period commencing on January 1, 2016, and ending on March 31, 2021, 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 section 7 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, for the period commencing on January 1, 2016, and ending on March 31, 2021, 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 section 7 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; 2017, c.50, s.2
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
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 paid to the Premier under 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 paid to the Premier under 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