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Bill C-28

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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

BILL C-28

An Act to amend the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. P-1

PARLIAMENT OF CANADA ACT

1. The Parliament of Canada Act is amended by adding the following before the heading ``Sessional Allowances'' before section 55:

Remuneration Reference Amount

Reference amount

54.1 (1) Commencing on January 1, 2001, the remuneration reference amount is equal to the amount of the annual salary of the Chief Justice of the Supreme Court of Canada.

Retroactive adjustments to reference amount

(2) Adjustments to the remuneration reference amount shall be made retroactively to take into account any retroactive changes in the annual salary of the Chief Justice.

2. (1) The portion of subsection 55(3) of the Act before paragraph (a) is replaced by the following:

Adjustment

(3) Subject to subsections (5) and (6) and section 67, 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

(2) Subsection 55(4) of the Act is amended by adding the word ``and'' at the end of paragraph (a), by striking out the word ``and'' at the end of paragraph (b) and by repealing paragraph (c).

(3) The portion of subsection 55(5) of the Act before paragraph (a) is replaced by the following:

Sessional allowance for 1984

(5) Subject to section 67, 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

(4) Section 55 of the Act is amended by adding the following after subsection (11):

Sessional allowance after January 1, 2001

(12) Notwithstanding anything in this section, the annual sessional allowance that shall be paid, commencing on January 1, 2001,

    (a) to members of the Senate is equal to 50 per cent of the remuneration reference amount referred to in section 54.1 minus $25,000; and

    (b) to members of the House of Commons is equal to 50 per cent of the remuneration reference amount referred to in section 54.1.

3. Subsection 57(1) of the Act is replaced by the following:

Deductions for non-attendanc e

57. (1) A deduction at the rate of $120 per day shall be made from the sessional allowance of a member of either House of Parliament for every day beyond 21 on which the member does not attend a sitting of that House if it sits on that day.

1998, c. 23, ss. 2 to 4

4. Sections 60 to 62 of the Act are replaced by the following:

Presiding officers

60. Commencing on January 1, 2001, there shall be paid to the following members of the Senate or the House of Commons annual salaries equal to the remuneration reference amount referred to in section 54.1 multiplied by the following percentages:

    (a) the Speaker of the Senate, 17.6 per cent ;

    (b) any member of the Senate occupying the recognized position of Speaker pro tempore of the Senate, 7.3 per cent ;

    (c) the Speaker of the House of Commons, 24 per cent ;

    (d) the Deputy Speaker of the House of Commons, 12.5 per cent ;

    (e) the Deputy Chair of the Committee of the Whole House of Commons, 5.1 per cent;

    (f) the Assistant Deputy Chair of the Committee of the Whole House of Commons, 5.1 per cent ;

    (g) any member occupying the position of Chair of a Standing Committee of the Senate or of the House of Commons (other than the Liaison Committee of the House of Commons), or of a Standing Joint Committee of Parliament (other than the Standing Joint Committee on the Library of Parliament), 3.6 per cent; and

    (h) any member occupying the position of Vice-Chair of a Standing Committee of the Senate or of the House of Commons (other than the Liaison Committee of the House of Commons), or of a Standing Joint Committee of Parliament (other than the Standing Joint Committee on the Library of Parliament), 1.9 per cent.

Parliamen-
tary Secretaries

61. Commencing on January 1, 2001 , a Parliamentary Secretary shall be paid an annual salary equal to the remuneration reference amount referred to in section 54.1 multiplied by 5.1 per cent.

Additional allowances

62. Commencing on January 1, 2001, there shall be paid to the following members of the Senate or the House of Commons additional annual allowances equal to the remuneration reference amount referred to in section 54.1 multiplied by the following percentages:

    (a) the member of the Senate occupying the position of Leader of the Government in the Senate, except any such member in receipt of a salary under the Salaries Act, 24 per cent ;

    (b) the member of the Senate occupying the position of Leader of the Opposition in the Senate, 11.5 per cent ;

    (c) the member of the Senate occupying the position of Deputy Leader of the Government in the Senate, 11.5 per cent ;

    (d) the member of the Senate occupying the position of Deputy Leader of the Opposition in the Senate, 7.3 per cent ;

    (e) the member of the Senate occupying the position of Government Whip in the Senate, 3.6 per cent ;

    (f) the member of the Senate occupying the position of Opposition Whip in the Senate, 2.2 per cent ;

    (g) the member occupying the position of Leader of the Opposition in the House of Commons, 24 per cent ;

    (h) each member of the House of Commons, other than the Prime Minister or the member occupying the position of Leader of the Opposition in the House of Commons, who is the leader of a party that has a recognized membership of twelve or more persons in the House, 17.1 per cent ;

    (i) each of the members occupying the positions of Chief Government Whip and Chief Opposition Whip in the House of Commons, 9.1 per cent ;

    (j) each of the members occupying the positions of Deputy Government Whip and Deputy Opposition Whip and the position of Whip of a party that has a recognized membership of twelve or more persons in the House of Commons, 3.6 per cent ;

    (k) the member occupying the position of Opposition House Leader in the House of Commons, 12.5 per cent ; and

    (l) the member occupying the position of House Leader of a party that has a recognized membership of twelve or more persons in the House of Commons, 5.1 per cent .

1993, c. 28, s. 78 (Sch. III, s. 119); 2000, c. 9, s. 565

5. Subsections 63(3) and (4) of the Act are repealed.

6. Section 64 of the Act is repealed.

7. Subsection 65(1) of the Act is replaced by the following:

Statement of attendance

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, 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.

1998, c. 23, s. 5

8. Section 66.1 of the Act and the heading before it are repealed.

1991, c. 30, s. 24

9. Sections 67 and 68 of the Act are replaced by the following:

Adjustment of certain salaries and allowances

67. The salaries and allowances payable to members of the Senate and the House of Commons pursuant to subsection 55(12) and sections 60 to 62 that are not a multiple of one hundred dollars shall be rounded to the nearest multiple of one hundred dollars that is lower than the salary or other allowance so determined.

10. (1) Subsection 70(2) of the Act is replaced by the following:

Death or disability

(2) Subject to subsection (2.1) and 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).

Exception

(2.1) A severance allowance shall not be paid to or in respect of a person who is entitled to and elects to receive a disability allowance under section 71.1.

2000, c. 27, s. 1(1)

(2) Paragraph 70(4)(b) of the Act is replaced by the following:

    (b) any salary or allowance under section 60, 61 or 62 of this Act or section 4 of the Salaries Act

2000, c. 27, s. 1(2)

(3) Paragraphs 70(6)(a) and (b) of the Act are replaced by the following:

    (a) in the case of a person to whom an allowance would not be payable under the Members of Parliament Retiring Allowances Act, 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 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; and

    (b) in the case of a person to whom an allowance would be payable under the Members of Parliament Retiring Allowances Act, 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 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 in the period referred to in subsections 10(1.1) and 32(1.1) of the Members of Parliament Retiring Allowances Act.

11. The Act is amended by adding the following after section 71:

Disability Allowance

Entitlement

71.1 (1) A member of the Senate or the House of Commons who resigns by reason of disability may elect to receive an annual disability allowance equal to 70% of the member's annual salaries and allowances on the date of resignation, if at the time of resignation the member

    (a) is 65 years of age or over; and

    (b) is incapable, because of the disability, of performing the member's duties.

Adjustments

(2) The disability allowance shall be adjusted to take into account changes in the annual salaries and allowances on which the disability allowance was based.

Payment

(3) The disability allowance shall be paid

    (a) in the case of a member of the Senate, until the member revokes the election, attains 75 years of age or dies, whichever is the earliest; or

    (b) in the case of a member of the House of Commons, until the member revokes the election or dies or the date of the next general election following the member's resignation, whichever is the earliest.

Regulations

(4) The Governor in Council may make regulations respecting disability allowances, including regulations respecting

    (a) the determination of eligibility for disability allowances and medical examinations that are required;

    (b) elections to receive disability allowances and the revocation of elections; and

    (c) the administration and payment of disability allowances.

Retroactive regulations

(5) Regulations made under subsection (4) may, if they so provide, be retroactive.

1998, c. 23, s. 8

12. Subsection 72(3) of the Act is replaced by the following:

Payments out of C.R.F.

(3) The sessional allowances payable under subsection 55(10), any supplementary severance allowance payable under subsection 70(6) and any disability allowance payable under section 71.1 shall be paid out of the Consolidated Revenue Fund.

13. Paragraph 80(1)(a) of the Act is replaced by the following:

    (a) to describe or designate a property, place, site or location in the National Capital Region described in the schedule to the National Capital Act other than the area of ground in the City of Ottawa bounded by Wellington Street, the Rideau Canal, the Ottawa River and Kent Street;

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