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RECOMMENDATION |
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Her Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to amend the Parliament of Canada Act, the Members of Parliament
Retiring Allowances Act and the Salaries Act''.
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SUMMARY |
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The main purposes of this enactment are to
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EXPLANATORY NOTES |
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Parliament of Canada Act |
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Clause 1: New.
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Clause 2: (1) The relevant portion of subsection 55(3)
reads as follows:
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(3) Subject to subsections (5) and (6) and 67(2), for each twelve
month period commencing January 1, there shall be paid to each of the
members of the Senate and the House of Commons a sessional
allowance at the rate per annum that is obtained by multiplying
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(2) The relevant portion of subsection 55(4) reads as
follows:
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(4) For the purposes of subsection (3),
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(3) The relevant portion of subsection 55(5) reads as
follows:
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(5) Subject to subsection 67(2), there shall be paid to each of the
members of the Senate and the House of Commons for the twelve month
period commencing January 1, 1984 a sessional allowance at the rate
per annum that is the lesser of
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(4) New.
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Clause 3: Subsection 57(1) reads as follows:
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57. (1) A deduction at the rate of sixty dollars per day shall be made
from the sessional allowance of a member of either House of Parliament
for every day beyond twenty-one on which the member does not attend
a sitting of that House if it sits on that day.
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Clause 4: Sections 60 to 62 read as follows:
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60. Subject to sections 66.1 and 67, the following salaries shall be
paid:
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61. Subject to sections 66.1 and 67, a Parliamentary Secretary shall
be paid a salary at the rate of six thousand nine hundred dollars per
annum in monthly instalments on the last day of each month.
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62. Subject to sections 66.1 and 67, there shall be paid, in addition
to the sessional allowances that are payable,
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Clause 5: Subsections 63(3) and (4) read as follows:
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(3) Subject to section 67, in addition to the expenses payable
pursuant to subsection (1), there shall be paid to each of the members
of the Senate and the House of Commons an allowance for expenses
incidental to the discharge of the duties of the member,
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(4) The allowances described in subsection (3) shall be paid monthly
to every member of each House and shall be subject to a deduction in
respect of non-attendance at sittings of that House equal to the
deduction from the sessional allowance of a member provided for in
section 57.
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Clause 6: Section 64 reads as follows:
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64. The expense allowance of a member of the Senate or the House
of Commons who dies shall be paid up to and including the day of the
death.
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Clause 7: Subsection 65(1) reads as follows:
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65. (1) For each session of Parliament, at the end of each month and
at the end of the session, every member of each House of Parliament
shall furnish the Clerk of that House with a statement, signed by the
member, of the number of days attendance during the month or session,
as the case may be, for which the member is entitled to the expense
allowance and, in the case of the inclusion of days on which the member
has failed to attend by reason of illness, setting out that fact and that the
absence was due to that illness and was unavoidable.
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Clause 8: Section 66.1 and the heading before it read
as follows:
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Salaries and Allowances during the 36th Parliament |
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66.1 (1) Despite subsection 67(1), the salaries and allowances
payable to members pursuant to sections 60 to 62 and subsections 63(2)
and (3) of this Act and sections 4 and 5 of the Salaries Act for the twelve
month period beginning on January 1, 1998 and for every twelve month
period beginning on every successive January 1 during the 36th
Parliament are the salaries and allowances payable under those
provisions on December 31 of the preceding year increased by two per
cent.
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(2) For the purpose of subsection (1), the salary payable under
section 60 to the Speaker of the Senate for the twelve month period
before the twelve month period beginning on January 1, 1998 is deemed
to be five thousand dollars more than the salary that was payable.
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Clause 9: Sections 67 and 68 read as follows:
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67. (1) The salaries and allowances payable to members of the
Senate and the House of Commons pursuant to sections 60 to 62 and
subsection 63(3) of this Act and sections 4 and 5 of the Salaries Act shall
be adjusted in the manner provided by subsection 55(3), (5) or (9), as
the case may be, for each twelve month period commencing January 1
as if they were sessional allowances.
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(2) A sessional allowance or other allowance determined for a
twelve month period pursuant to subsection (1) or 55(3), (5), (7) or (9)
that is not a multiple of one hundred dollars shall be rounded to the
nearest multiple of one hundred dollars that is lower than the sessional
allowance or other allowance so determined.
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68. (1) Within two months after the day fixed for return of the writs
at each general election, the Governor in Council shall appoint
commissioners to inquire into the adequacy of the annual variations of
sessional allowances payable to members of the Senate and the House
of Commons and other allowances payable to them and to report
thereon, with such recommendations as the commissioners consider
appropriate, to the Governor in Council within six months after the time
of their appointment.
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(2) Every report made to the Governor in Council pursuant to
subsection (1) shall be laid before Parliament on any of the first fifteen
days after the report is made on which Parliament is sitting.
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Clause 10: (1) Subsection 70(2.1) is new. Subsection
70(2) reads as follows:
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(2) Subject to section 71, where a person who holds a seat in the
House of Commons dies or ceases to be a member of the House by
reason of any permanent illness or infirmity by which the person is, in
the opinion of the Speaker of the House, disabled from performing the
person's duties as a member of the House, there shall be paid to or in
respect of the person a severance allowance in accordance with
subsection (4).
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(2) The relevant portion of subsection 70(4) reads as
follows:
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(4) Subject to subsections (4.1) and (5), the severance allowance to
be paid to or in respect of a person under subsection (1) or (2) shall be
a lump sum amount equal to fifty per cent of the aggregate of
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to which the person was entitled immediately before ceasing to be a
member of Parliament.
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(3) Subsection 70(6) reads as follows:
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(6) Subject to subsection (8), a person who was entitled to elect under
subsection 10(1.1) and 32(1.1) of the Members of Parliament Retiring
Allowances Act and who did not elect shall be paid a supplementary
severance allowance in the form of a lump sum equal to
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Clause 11: New.
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Clause 12: Subsection 72(3) reads as follows:
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(3) The sessional allowances payable under subsection 55(10), the
salaries and allowances payable under subsection 66.1(1) and any
supplementary severance allowance payable under subsection 70(6)
shall be paid out of the Consolidated Revenue Fund.
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Clause 13: The relevant portion of subsection 80(1)
reads as follows:
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80. (1) Notwithstanding anything contained in any Act of Parliament
or regulation made thereunder, no person shall use the words
``Parliament Hill'' in combination
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Members of Parliament Retiring Allowances Act |
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Clause 14: (1) The definitions ``average annual
sessional indemnity'' and ``salary'' in subsection 2(1)
read as follows:
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``average annual sessional indemnity'', with respect to any member,
means the average annual sessional indemnity received as a member
during any six year period of pensionable service selected by or on
behalf of the member, or during any period so selected consisting of
consecutive periods of pensionable service totalling six years;
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``salary'' means a salary payable to a member pursuant to section 4 or
5 of the Salaries Act or section 60 or 61 of the Parliament of Canada
Act, or payable to a member pursuant to an appropriation Act as a
minister of state or a minister without portfolio;
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(2) The relevant portion of the definition ``sessional
indemnity'' in subsection 2(1) reads as follows:
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``sessional indemnity'' means
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Clause 15: The relevant portion of subsection 4(1)
reads as follows:
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4. (1) There shall be credited to the Retiring Allowances Account
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Clause 16: (1) Subsections 9(1) and (1.1) read as
follows:
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9. (1) A member shall, by reservation from the sessional indemnity
of the member, contribute to the Retiring Allowances Account four per
cent of the amount payable to the member by way of that sessional
indemnity.
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(1.1) Despite subsection 2.3(1), beginning on the date this
subsection comes into force, a member who was entitled to elect under
sections 2.1 and 2.6 and who did not elect shall, by reservation from the
sessional indemnity of the member, contribute to the Retiring
Allowances Account four per cent of the amount payable to the member
by way of that sessional indemnity.
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(2) Subsections 9(2) to (4) read as follows:
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(2) A member who is in receipt of a salary or an annual allowance
shall, unless the member elects in accordance with subsection 56(2) in
respect of that salary or annual allowance
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by reservation from that salary or annual allowance, contribute to the
Retiring Allowances Account an amount equal to four per cent of the
amount payable to the member by way of that salary or annual
allowance.
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(3) Notwithstanding subsection (2) but subject to subsection (4),
where the aggregate of amounts payable to a person as a member in
respect of one or more sessions in a calendar year by way of sessional
indemnity, salary or annual allowance exceeds
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that member shall not contribute under subsection (2) on the excess
amount.
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(4) Subsection (3) does not apply in respect of a session in a calendar
year to a member who is prohibited by virtue of paragraph 12(1)(b)
from contributing on any amount payable to the member by way of
sessional indemnity in respect of that session.
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Clause 17: (1) Paragraph 11(1)(a) is new. The relevant
portion of subsection 11(1) reads as follows:
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11. (1) Where a member elects to contribute to the Retiring
Allowances Account in respect of a previous session, the member shall
pay into the Consolidated Revenue Fund
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(2) The relevant portion of subsection 11(2) reads as
follows:
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(2) Notwithstanding clause (1)(a)(i)(B) or subparagraph (1.1)(a)(ii),
where the aggregate of amounts paid to a person as a member in respect
of one or more previous sessions, or in respect of a particular period, in
a calendar year by way of sessional indemnity, salary or annual
allowance exceeds
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Clause 18: (1) The relevant portion of subsection
12(1) reads as follows:
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12. (1) Notwithstanding anything in this Part, no contribution shall
be paid by a member under this Part
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(2) Subsection 12(2) reads as follows:
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(2) A member shall, by reservation from the sessional indemnity
payable to the member, continue to contribute under this Part one per
cent of the amount payable to the member by way of that sessional
indemnity after the aggregate of the products obtained by multiplying
the number of years of pensionable service to the credit of the member
by the multipliers set out in subsection 16(1) and, as applicable,
paragraph 36(a) or (b) equals 0.75.
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Clause 19: Subsection 17(4) reads as follows:
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(4) For the purposes of paragraph (1)(b), in respect of time spent as
a member on or after January 1, 1992, or any period of pensionable
service in respect of which an election under section 10 has been made
after that date, a person is, on ceasing to be a member, deemed to have
one year of pensionable service to the credit of that person for each
amount, equal to four per cent of the sessional indemnity payable to a
member of the House of Commons during any calendar year, that the
person has, during that calendar year, contributed pursuant to
subsection 9(2) or elected to contribute pursuant to clause
11(1)(a)(i)(B).
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Clause 20: The relevant portion of subsection 27(1)
reads as follows:
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27. (1) There is hereby established in the accounts of Canada an
account to be known as the Members of Parliament Retirement
Compensation Arrangements Account to which shall be credited
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Clause 21: Section 31 reads as follows:
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31. (1) A member shall, by reservation from the sessional indemnity
of the member, contribute to the Compensation Arrangements Account
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of the amount payable to the member by way of sessional indemnity.
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(1.1) Despite subsection 2.3(1), beginning on the date this
subsection comes into force, a member who was entitled to elect under
sections 2.1 and 2.6 and who did not elect shall, by reservation from the
sessional indemnity of the member, contribute to the Compensation
Arrangements Account five per cent of the amount payable to the
member by way of sessional indemnity if the member has not reached
seventy-one years of age or nine per cent of that amount if the member
has reached seventy-one years of age.
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(2) A member who is in receipt of a salary or an annual allowance
shall, unless the member elects, in accordance with subsection 56(2) in
respect of that salary or annual allowance, not to contribute under this
subsection and has at the same time elected not to contribute under
subsection 9(2), by reservation from that salary or annual allowance,
contribute to the Compensation Arrangements Account an amount
equal to
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of the amount payable to the member by way of that salary or annual
allowance.
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(3) Notwithstanding paragraph (2)(a) but subject to subsection (4),
where the aggregate of amounts payable to a person as a member who
has not reached seventy-one years of age in respect of one or more
sessions in a calendar year by way of sessional indemnity, salary or
annual allowance exceeds
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that member shall not contribute under that paragraph on the excess
amount, but shall instead, by reservation from that salary or annual
allowance, contribute to the Compensation Arrangements Account
nine per cent of the excess amount.
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(4) Subsection (3) does not apply in respect of a session in a calendar
year to a member who is prohibited by virtue of paragraph 34(1)(b)
from contributing on any amount payable to the member by way of
sessional indemnity in respect of that session.
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Clause 22: Subsection 32(1.1) reads as follows:
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(1.1) A member who is required to make contributions under
subsection 31(1.1) may, within one year after the day on which this
subsection comes into force, elect in accordance with subsection 56(2)
to contribute under this Part to the Compensation Arrangements
Account in respect of the period that consists of the period during which
that member was a member but was not required to make contributions
and the period in respect of which that member was paid a withdrawal
allowance under subsection 2.3(2).
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Clause 23: (1) to (3) The relevant portion of
subsection 33(1) reads as follows:
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33. (1) Where a member elects to contribute to the Compensation
Arrangements Account in respect of a previous session, the member
shall pay into the Consolidated Revenue Fund
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(4) and (5) The relevant portion of subsection 33(2)
reads as follows:
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(2) Notwithstanding subparagraphs (1)(a)(ii) and (1)(b)(ii), in the
case of a person who has not reached seventy-one years of age at the
time of the making of the election, where the aggregate of amounts paid
to the person as a member in respect of one or more previous sessions
in a calendar year by way of sessional indemnity, salary or annual
allowance exceeds
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the member shall not, in respect of that previous session, contribute
under that subparagraph on the excess amount, but shall instead pay
into the Consolidated Revenue Fund
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(6) New.
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Clause 24: (1) The relevant portion of subsection
34(1) reads as follows:
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34. (1) Notwithstanding anything in this Part, no contribution shall
be paid by a member under this Part
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(2) Subsection 34(2.1) is new. Subsection 34(2) reads
as follows:
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(2) A member who has reached seventy-one years of age shall, by
reservation from the sessional indemnity payable to that member,
continue to contribute under this Part one per cent of the amount
payable to the member by way of sessional indemnity after the
aggregate of the products obtained by multiplying the number of years
of pensionable service to the credit of the member by the multipliers set
out in subsection 16(1) and, as applicable, paragraph 36(a) or (b) equals
0.75.
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Clause 25: (1) and (2) The relevant portion of
subsection 36(1) reads as follows:
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36. (1) Subject to sections 58 and 59, where a person ceases to be a
member on or after January 1, 1992, having contributed or elected to
contribute under this Part or Part I or III of the former Act as a member
for at least six years, there shall be paid to that person during the lifetime
of that person in respect of contributions made under this Part, other
than those made in respect of any amount paid by way of salary or
annual allowance or those made under subsection 34(2), a
compensation allowance equal to the average annual sessional
indemnity of that person multiplied by the same number of years or
portions of years of pensionable service to the credit of that person as
is calculated for the purpose of paragraph 16(1)(b) in accordance with
subsections 16(5) and (6), multiplied by
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(3) Subsections 36(3) and (4) are new. Subsection
36(2) reads as follows:
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(2) For the purposes of calculating the compensation allowance
payable under subsection (1) to a person who, after the coming into
force of this subsection, elected to contribute under this Part in respect
of any session or part of a session before that coming into force, the
multipliers referred to in paragraph (1)(a) shall, in lieu of the numbers
set out therein, be
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Clause 26: (1) Subsection 37(2) reads as follows:
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(2) The additional compensation allowance payable to a person
pursuant to this section is an amount equal to the aggregate of
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(2) Subsection 37(3) reads as follows:
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(3) For the purposes of paragraph (2)(b), a person, on ceasing to be
a member, is deemed to have one year of pensionable service to the
credit of that person for
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(3) Subsections 37(6) and (7) are new. Subsection
37(5) reads as follows:
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(5) For the purposes of calculating the additional compensation
allowance payable under subsection (2) to a person who, after the
coming into force of this subsection, elected to contribute under this
Part in respect of any session or part of a session before that coming into
force,
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Clause 27: New.
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Clause 28: Paragraph 64(1)(l.1) is new. The relevant
portion of subsection 64(1) reads as follows:
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64. (1) The Governor in Council may make regulations
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Salaries Act |
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Clause 29: Sections 4 and 5 read as follows:
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4. Subject to section 66.1 of the Parliament of Canada Act, the
salaries of the ministers, being members of the Queen's Privy Council
for Canada, are as follows:
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Per Annum
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The Prime Minister $69,920
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The Minister of Justice and Attorney General 46,645
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The Minister of National Defence 46,645
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The Minister of National Revenue 46,645
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The Minister of Finance 46,645
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The Minister of Transport 46,645
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The President of the Queen's Privy Council for Canada 46,645
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The Minister of Agriculture and Agri-Food 46,645
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The Minister of Labour 46,645
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The Minister of Veterans Affairs 46,645
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The Associate Minister of National Defence 46,645
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The Solicitor General of Canada 46,645
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The Minister of Indian Affairs and Northern Development 46,645
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The President of the Treasury Board 46,645
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The Minister of the Environment 46,645
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The Leader of the Government in the Senate 46,645
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The Minister of Fisheries and Oceans 46,645
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The Minister for International Trade 46,645
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The Minister for International Cooperation 46,645
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The Minister of Western Economic Diversification 46,645
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The Member of the Queen's Privy Council for Canada appointed by
Commission under the Great Seal to be the Minister for the purposes of
the Atlantic Canada Opportunities Agency Act 46,645
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The Minister of Citizenship and Immigration 46,645
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The Minister of Natural Resources 46,645
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The Minister of Industry 46,645
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The Minister of Foreign Affairs 46,645
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The Minister of Public Works and Government Services 46,645
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The Minister of Canadian Heritage 46,645
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The Minister of Health 46,645
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The Minister of Human Resources Development 46,645
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5. Subject to section 66.1 of the Parliament of Canada Act, the salary
of each minister of State, being a member of the Queen's Privy Council
for Canada, who presides over a ministry of State is $46,645 per annum.
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