No deduction from indemnity for absence on active service during war. Sections 39 & 40 repealed. 1953-54, c. 10, s. 4. Each House to make regulations. Allowance to Leader of Rep. & new, Additional annual the Leader 38. In the calculation of any deduction from any member's sessional allowance on account of absence, days which were spent by such member in the naval, army or air forces of Canada or in any other of the naval, army or air forces of the Crown while such forces are on active service in consequence of any war, shall not be computed. R.S., c. 147, s. 38. 39. Repealed.(7) 40. Repealed. 41. The Senate or the House of Commons may respectively make regulations, from time to time, by rule or by order, rendering more stringent upon its own members the provisions of this Act that relate to attendance of members or to deductions to be made from the sessional allowance. R.S., c. 147, s. 41. 42. To the member occupying the recognized position of Leader of the Opposition in the House of Commons there shall be paid, in addition to his sessional allowance, an annual allowance of fifteen thousand dollars. 1953-54, c. 10, s. 5. 43. To the member of the Senate occupying the recognized allowance to position of Leader of the Government in the Senate there shall be paid in addition to his sessional allowance an annual allowance of ten thousand dollars, and to the member of the Senate occupying the recognized position of Leader of the Opposition in the Senate there shall be paid in addition to his sessional allowance an annual allowance of six thousand dollars; but if the Leader of the Government is in receipt of a salary under the Salaries Act, the annual allowance shall not be paid. 1953-54, c. 10, s. 5. of the Rep. & new (7) Sections 39 and 40 were repealed by s. 4 of c. 10 of the Statutes of 1953-54. They were as follows: "39. (1) Whenever any person is a member of either House for fifty days or more during any session, extending over a period of sixty-five days or more, though such person may be a member for a part only of such session, he is entitled to his sessional allowance, subject to the deduction aforesaid for non-attendance as a member, and subject also to a deduction of twenty-five dollars for each day of such session before he was elected or appointed, or after he ceased to be a member, as the case may be. (2) If he is a member for less than fifty days, he is entitled only to twenty-five dollars for each day's attendance at such session, whatever may be the length thereof. (3) A member of either House for a part only of a session who becomes during the session a member of the other House, is not entitled to more than four thousand dollars for the session. "40. In every session of Parliament covering a period of less than sixty-five days, there shall be payable to every member of the Senate and House of Commons attending at such session, twenty-five dollars for each day's attendance." expenses. 44. (1) For each session of Parliament, there shall also be Travelling allowed to each member of the Senate and of the House of Commons his actual moving or transportation expenses, and reasonable living expenses while on the journey between his place of residence and Ottawa, going and coming, once each way. (2) No such allowance shall be made for travelling outside Outside of of Canada, except from one point in Canada, to another by any direct route. Canada. (3) Any member residing at a greater distance than four Commutahundred miles from Ottawa may commute such allowance for tion of travelling travelling and living expenses, receiving in lieu thereof an allowance. allowance of fifteen dollars per day for each day necessarily occupied in the journey between his place of residence and Ottawa, going and coming, once each way, the day of departure and the day of arrival being counted each as a full day. allowance to members of the Senate and the Commons. House of (4) In addition to the expenses provided for in subsection Expense (1), each member of the Senate and House of Commons shall be paid an allowance for expenses incidental to the discharge of his duties as a member, at the rate of two thousand dollars per annum for the period during which he is a member; this allowance shall be paid at the end of each calendar year and shall be subject to a deduction equal to one half of the deductions, if any, from the member's sessional allowances in respect of non-attendance at sittings of the House of which he is a member during such year; in the case of Ministers of the Crown, of the Leader of the Opposition in the House of Commons, and of members of the Senate, the amount of such allowance paid shall be deemed to be taxable income. R.S., c. 147, s. 43; 1945, c. 29, s. 1. attendance. 45. (1) For each session of Parliament, at the end of each Statement month and at the end of the session, each member shall furnish of the Clerk of the House of which he is a member with a statement, signed by him, of the number of days' attendance during the month or session, as the case may be, for which he is entitled to the said allowance, and, in case days are included on which the member has failed to attend by reason of illness, setting forth that fact and that his absence was due to such illness and was unavoidable. tion with (2) Every member applying for an allowance for travelling Statement and living expenses shall furnish the Clerk of the House of in connecwhich he is a member with a statement, signed by him, of his travelling actual moving or transportation expenses, and of his living allowance. expenses, as provided for in section 44, and, if the member has elected to commute such allowance under section 44, a statement of the time necessarily occupied in his journeys to and from Statements certified and sworn to before payment. Sums granted to Her Majesty for purposes of this Act. How expended as to House of Commons. And as to Credits on banks of Canada. Clerk to apply therefor. (3) Upon the said statements being certified by the Clerk, or the Assistant Clerk, and sworn to by the member before the accountant or assistant accountant of the House or any person authorized to take affidavits, the Clerk of the Senate or the accountant of the House of Commons, shall pay to the member the allowance to which he is entitled. R.S., c. 147, s. 44. 46. There is hereby granted to Her Majesty, out of any unappropriated moneys forming part of the Consolidated Revenue Fund of Canada, an annual sum sufficient to enable Her Majesty to pay the amount of the sessional allowances hereinbefore mentioned. R.S., c. 147, s. 45. 47. All moneys expended under this Act, in respect of the House of Commons, shall be expended and accounted for in the same manner as moneys for defraying the contingent expenses of the House of Commons are to be expended and accounted for under the House of Commons Act. R.S., c. 147, s. 46. 48. (1) Credits for all sums voted by Parliament and payable in respect of allowances to members of the Senate as herein before provided, and in respect of other expenditure for the service of the Senate, shall issue from time to time. (2) Such credits shall issue on one of the banks of Canada in favour of the Clerk of the Senate and the assistant accountant of the Senate, or such other persons as the Speaker of the Senate from time to time designates for the purpose. (3) Such Clerk shall, from time to time, apply for such credits as he deems necessary by an order signed by him. R.S., c. 147, s. 47. SCHEDULE FORM A The evidence you shall give on this examination shall be the truth, the whole truth and nothing but the truth. So help you God. FORM B I, A.B., do solemnly, sincerely and truly affirm and declare the taking of any oath is according to my religious belief unlawful, and I do also solemnly sincerely and truly affirm and declare, etc. R.S., c. 147, Sch. HOUSE OF COMMONS ACT R.S., 1952, CHAPTER 143 An Act respecting the House of Commons (1) SHORT TITLE 1. This Act may be cited as the House of Commons Act. Short title. R.S., c. 145, s. 1. DISQUALIFICATIONS OF MEMBERS 2. (1) No person who, on the day of the nomination at any election to the House of Commons, is a member of any legislative council or of any legislative assembly of any province that is now or hereafter included within Canada, is eligible as a member of the House of Commons, or is capable of being nominated or voted for at such election, or of being elected to or of sitting or voting in the House of Commons. Member of legislatures not eligible. (2) If any one so declared ineligible is elected and returned Election to as a member of the House of Commons, his election is null and be void. void. R.S., c. 145, s. 2. 3. If any member of the House of Commons is elected and returned to any legislative assembly, or is elected or appointed a member of any legislative council and accepts the seat, his election as a member of the House of Commons thereupon becomes null and void, his seat shall be vacated, and a new writ shall issue forthwith for a new election. R.S., c. 145, s. 3. Member accepting seat in provincial legislature to vacate his seat. If elected or appointed without his 4. Any member of the House of Commons elected or appointed to a provincial legislature without his knowledge or consent shall continue to hold his seat in the House of Commons knowledge. (1) The House of Commons is elected for five years unless sooner dissolved by the Governor General. See the Canada Elections Act, 1960, c. 39, as to the qualifications and disqualifications of electors, qualifications of candidates, persons ineligible as candidates and procedure at dominion elections. The number of members is regulated by s. 51 of the B.N.A. Act, 1867 (see comments under that section.) The Representation Act, c. 334 of the Revised Statutes, 1952, which governs at present is based on the census of 1951, see The B.N.A. Act, 1943, which states that "it shall not be necessary that the representation . . . be readjusted in consequence of the completion of the decennial census taken in the year 1941" until after the war and also The B.N.A. Act, 1946 which repealed and re-enacted s. 51 making new provision as to the readjustment of representation in the House of Commons, and finally the B.N.A. Act, 1952 which repealed and re-enacted 8. 51, as enacted by the Imperial Act of 1946, making once more new provisions as to the readjustment of the representation in the House of Commons. Penalty for person ineligible sitting or voting. Recovery. Member may resign his seat by: Notice; Declaration. Writ. Entry in journals. as if no such election or appointment to a provincial legislature had been made, if, without taking his seat in the provincial legislature, and within ten days after being notified of such election or appointment, or, if he is not within the province at the time, then within ten days after his arrival within the province, he resigns his seat in such legislature, and notifies the Speaker of the House of Commons of such resignation. R.S., c. 145, s. 4. 5. (1) If any person who is by this Act declared ineligible as a member of the House of Commons, or incapable of sitting or voting therein, so sits or votes, he shall forfeit the sum of two thousand dollars for every day he sits or votes. (2) Such sum may be recovered by any person who sues for the same, by action in any form allowed by law in the province in which the action is brought, in any court having jurisdiction. R.S., c. 145, s. 5. RESIGNATION OF MEMBERS (2) 6. (1) Any member of the House of Commons may resign his seat (a) by giving, in his place in the House, notice of his intention to resign, in which case, and immediately after such notice has been entered by the clerk on the journals of the House, the Speaker shall forthwith address his warrant, under his hand and seal, to the Chief Electoral Officer, for the issue of a writ for the election of a new member in the place of the member resigning, or (b) by addressing and causing to be delivered to the Speaker a declaration of his intention to resign his seat, made in writing under his hand and seal before two witnesses, which declaration may be so made and delivered either during a session of Parliament, or in the interval between two sessions, in which case the Speaker shall, upon receiving such declaration, forthwith address his warrant, under his hand and seal, to the Chief Electoral Officer, for the issue of a writ for the election of a new member in the place of the member so resigning, and in either case a writ shall issue accordingly. (2) An entry of the declaration so delivered to the Speaker shall be thereafter made in the journals of the House. R.S., c. 145, s. 6. (2) See Bourinot's Parliamentary Procedure (4th edition), at pp. 157161 as to resignations of members and vacancies. |