Bill C-47
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-47 |
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An Act to amend the Parliament of Canada
Act, the Members of Parliament Retiring
Allowances Act and the Salaries Act
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| R.S., c. P-1;
R.S., cc. 31,
42 (1st
Supp.), c. 38
(2nd Supp.),
c. 1 (4th
Supp.); 1991,
cc. 20, 30;
1993, cc. 13,
28; 1994, c.
18; 1996, cc.
16, 35; 1997,
c. 32
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PARLIAMENT OF CANADA ACT |
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| 1994, c. 18,
s. 10(2)
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1. Subsection 55(10) of the Parliament of
Canada Act is replaced by the following:
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| Sessional
allowance
after January
1, 1998
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(10) Despite subsection (3), the sessional
allowance 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 is the sessional allowance payable
for the twelve month period immediately
before that period increased by two per cent.
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| Deeming
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(11) For the purpose of calculating the
sessional allowance for the twelve month
period beginning on January 1, 1998, the
sessional allowance payable for the twelve
month period immediately before that period
is deemed to be the sessional allowance
payable under paragraph (9)(b).
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2. (1) The portion of section 60 of the Act
before paragraph (a) is replaced by the
following:
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| Presiding
officers
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60. Subject to sections 66.1 and 67, the
following salaries shall be paid:
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(2) Section 60 of the Act is amended by
adding the following after paragraph (a):
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3. Section 61 of the Act is replaced by the
following:
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| Parliamentary
Secretaries
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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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4. The portion of section 62 of the Act
before paragraph (a) is replaced by the
following:
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| Additional
allowances
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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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5. The Act is amended by adding the
following after section 66:
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Salaries and Allowances during the 36th Parliament |
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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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| Deeming -
Speaker of the
Senate
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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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6. (1) The portion of subsection 70(4) of
the Act before paragraph (a) is replaced by
the following:
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| Amount
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(4) Subject to subsection (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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(2) Section 70 of the Act is amended by
adding the following after subsection (4):
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| Amount
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(5) The severance allowance to be paid to or
in respect of a person under subsection (1) or
(2) who is subject to the Members of
Parliament Retiring Allowances Act who is
fifty-four years of age immediately before
ceasing to be a member of the House of
Commons and who will be fifty-five years of
age in less than six months is
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reduced by
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A/B x C
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| Supplementar
y severance
allowance
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(6) Subject to subsection (8), a person to
whom or in respect of whom a severance
allowance is payable under subsection (1) or
(2) who was entitled to elect under section 2.1
or 2.6 of the Members of Parliament Retiring
Allowances Act and who did not elect shall be
paid a supplementary severance allowance in
accordance with subsection (7).
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| Amount
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(7) The supplementary severance
allowance shall be a lump sum amount equal
to one twelfth of the sessional allowance
under section 55 and any salary or allowance
under section 60, 61 or 62 of this Act or section
4 or 5 of the Salaries Act to which the person
was entitled immediately before ceasing to be
a member, for every year the member was a
member, to a maximum of twelve years.
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| Persons under
fifty-five
years of age
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(8) A person who is under fifty-five years of
age on the day the person ceases to be a
member is entitled to the supplementary
severance allowance only if the person has
been a member for at least six years.
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| Payment
deferred
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(9) Payment of a supplementary severance
allowance to a person referred to in subsection
(8) who is entitled to it shall be deferred until
the person reaches the age of fifty-five, except
that if the person dies after becoming entitled
to the supplementary severance allowance, it
shall be payable immediately. Interest shall
accrue on the amount of the supplementary
severance allowance from the time the person
becomes entitled to it to the time it is paid.
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| Member for a
year
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(10) For the purposes of subsections (7) and
(8), a member is deemed to have been a
member for a year if the member was a
member for six months or more in any twelve
month period.
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7. Section 71 of the Act is replaced by the
following:
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| Restriction
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71. A severance allowance shall not be paid
under subsection 70(1) or (2) to or in respect
of any person to or in respect of whom an
allowance is immediately payable under the
Members of Parliament Retiring Allowances
Act.
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8. Section 72 of the Act is amended by
adding the following after subsection (2):
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| Payments out
of C.R.F.
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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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| R.S., c. M-5;
1989, c. 6;
1992, c. 46;
1995, c. 30
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MEMBERS OF PARLIAMENT RETIRING ALLOWANCES ACT |
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| 1995, c. 30,
s. 2
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9. Subsection 2.4(2) of the Members of
Parliament Retiring Allowances Act is
repealed.
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10. The Act is amended by adding the
following after section 2.5
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| Election to
come under
Act
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2.6 (1) A member of the House of Commons
who was entitled to make an election under
section 2.1 and who did not do so may, within
90 days after the day this section comes into
force, elect in accordance with subsection
56(2) to have this Act recommence to apply to
the member.
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| Application
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(2) Subsection (1) applies only in respect of
members of the House of Commons who serve
continuously in that capacity from the day this
section comes into force until the day they
make their election.
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| Irrevocable
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(3) An election under subsection (1) is
irrevocable.
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| Application of
Act deemed to
be continuous
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(4) This Act is deemed to apply to a member
of the House of Commons who makes an
election under subsection (1) as if it had
always applied to the member.
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| Repayment of
withdrawal
allowance and
payment of
contributions
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(5) A member of the House of Commons
who makes an election under subsection (1)
shall, within 90 days after making the
election, pay into the Consolidated Revenue
Fund, in a lump sum, an amount equal to
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| Crediting to
accounts
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(6) The amount paid under subsection (5)
shall be credited to the Retiring Allowances
Account and the Compensation Arrangements
Account in the appropriate amounts.
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| Deemed
contributions
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(7) The portion of the amount paid under
subsection (5) in respect of the withdrawal
allowance mentioned in paragraph (5)(a) and
the contributions mentioned in paragraph
(5)(c) are for all purposes deemed to be
contributions made by the member.
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| Non-payment
cancels
election
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(8) An election under subsection (1) is
deemed not to have been made if the amount
required to be paid under subsection (5) is not
paid in the time provided, but subsection 57(2)
applies if the member who made the election
dies before the time expires.
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11. Subsection 10(3) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (a), by adding the
word ``or'' at the end of paragraph (b) and
by adding the following after paragraph
(b):
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| 1995, c. 30,
s. 3
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12. Section 19.1 of the Act is repealed.
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13. Subsection 32(3) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (a), by adding the
word ``or'' at the end of paragraph (b) and
by adding the following after paragraph
(b):
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| 1995, c. 30,
s. 12
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14. Section 39.1 of the Act is repealed.
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| R.S., c. S-3;
R.S., c. 50 (1st
Supp.), c. 47
(2nd Supp.),
cc. 11, 41 (4th
Supp.); 1989,
c. 27; 1990, c.
1; 1991, c. 3;
1992, c. 1;
1993, cc. 12,
13; 1994, cc.
18, 31, 38, 41;
1995, cc. 1, 5,
11; 1996, cc.
8, 11, 16
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SALARIES ACT |
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15. The portion of section 4 of the Salaries
Act before the listing of the per annum
salaries is replaced by the following:
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| Salaries of
ministers
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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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| 1993, c. 12,
s. 15
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16. Section 5 of the Act is replaced by the
following:
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| Salaries of
ministers of
state
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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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