Acts and Regulations

2014, c.116 - Legislative Assembly Act

Full text
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,
(ii.1) parental leave,
(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; 2023, c.21, s.2
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