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.

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 subsections (3), (5) and (6), a provincial general election shall be held 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:

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:

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

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

10(3)The Legislative Administration Committee shall sit despite the adjournment or prorogation of a session.

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.

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.

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.

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 section 7 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,

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.

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.

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

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.

28(1)In this section, “Part 1 of the Public Service” means those portions of the public service of the Province specified in Part 1 of the First Schedule of the Public Service Labour Relations Act.

28(2)Each member of the Legislative Assembly shall be paid an indemnity of $93,126 per year, as adjusted under this section.

28(3)The annual indemnity payable to a member of the Legislative Assembly shall be adjusted by the percentage change, if any, provided for in the Management and Non-union Pay Plan of Part 1 of the Public Service.

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

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,

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 50% 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.

29(1)There shall be paid annually for expenses incidental to the discharge of their duties as members of the Legislative Assembly,

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.

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.

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

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

31(10)For each fiscal year, the Clerk shall

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.

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.

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:

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

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:

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.

36(1)The Legislative Assembly may by resolution

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.

38(1)The following definitions apply in this section.

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 year or portion of a year of pensionable service in the Legislative Assembly up to a maximum of six years.

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

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 year or portion of a year of pensionable service in the Legislative Assembly up to a maximum of six years.

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

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.

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.

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.

41.1(1)In this section, “weapon” means a firearm as defined in the Criminal Code (Canada) and anything else that could be used to

41.1(2)In carrying out his or her duties under this Act, the Sergeant-at-Arms

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.