Bill 53 - An Act to Amend the Legislative Assembly Act

BILL 53

An Act to Amend the Legislative Assembly Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 0.1 of the Legislative Assembly Act, chapter L-3 of the Revised Statutes, 1973, is amended by repealing the definition “annual indemnity” and substituting the following:

“annual indemnity” means the indemnity payable to a member of the Legislative Assembly at the rate established under subsection 25(1); (indemnité annuelle)

2 Section 10 of the Act is amended

(a) in subsection (1) by striking out “as are established by the Legislative Assembly” and substituting “as are established by the Legislative Administration Committee”;

(b) by adding after subsection (1) the following:

10(1.1) There may be paid to each member of a committee of the Legislative Assembly such an indemnity as is established by the Legislative Administration Committee for each day a member is engaged in the work of the committee.

10(1.2) 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 (1.1).

3 Section 19 of the Act is amended

(a) in subsection (1) by striking out “sections 6 and 6.1” and substituting “subsection 5(1) and section 6.1”;

(b) in subsection (2) by striking out “thirty-one per cent” and substituting “50%”.

4 Section 25 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

25(1) Commencing April 1, 2008, each member of the Legislative Assembly shall be paid an indemnity at the rate of $85,000 per year.

(b) in subsection (1.1) by striking out “2002” and substituting “2009”;

(d) in subsection (2) by striking out “In addition to the amounts provided for under subsections (1) and (1.1)” and substituting “In addition to the annual indemnity under subsection (1), as adjusted under this section”;

(e) by adding after subsection (2) the following:

25(2.01) In addition to the annual indemnity under subsection (1), 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, which indemnity shall be paid in the frequency, on the days and in the amounts established by the Legislative Administration Committee.

(f) by repealing subsection (3) and substituting the following:

25(3) In addition to the annual indemnity under subsection (1), 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 paid to the Premier under the Executive Council Act.

(g) by adding after subsection (3.4) the following:

25(3.5) In addition to the annual indemnity under subsection (1), 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 25% of the salary paid to the Premier under the Executive Council Act.

25(3.6) Subsections (1.204), (3.2) and (3.3) apply with the necessary modifications to the payment of the annual salary to the leader of a registered political party referred to in subsection (3.5).

5 Section 28 of the Act is amended

(a) by repealing subsection (1);

(b) by repealing subsection (1.2);

(d) by repealing subsection (1.4);

(e) in subsection (2) by striking out “In addition to the amount provided by subsection (1), there” and substituting “There”;

(f) in subsection (3) by striking out “subsections (1) and (2)” and substituting “subsection (2)”.

6 Section 29 of the Act is amended

(a) in subsection (3) by striking out “, including the annual salary of the leader”;

(b) by repealing subsection (4).

7 Subsection 30(3) of the Act is amended by striking out “section 30.01” and substituting “sections 30.01 and 30.02”.

8 The Act is amended by adding after section 30.01 the following:

Counselling or retraining expenses — former member

30.02(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 Assembly may be reimbursed to a maximum of $5000 for expenses incurred with respect to career counselling or retraining, subject to such terms and conditions as may be prescribed by the Legislative Administration Committee.

30.02(2) Subsection 30(1.3) applies with the necessary modifications to expenses paid to a person under this section.

9 Section 30.1 of the Act is repealed and the following is substituted:

Deductions from payments

30.1(1) In this section, “one day’s pay” shall be calculated in accordance with the following formula:

Amount of annual indemnity, as adjusted/365

30.1(2) 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).

30.1(3) With respect to a member who makes an election under section 37, the amount of annual indemnity, as adjusted, shall be determined in accordance with section 37.

30.1(4) The annual indemnity, as adjusted, of a member shall be reduced by one day’s pay for each day on which

(a) the member is named by the Speaker and suspended for a specified number of days by resolution of the Legislative Assembly, or

(b) the member has been ordered by the Speaker to withdraw immediately for the remainder of a sitting day.

30.1(5) Where a member is absent from a sitting of the Legislative Assembly for the following reasons, no deduction shall be made under subsection (1):

(a) the member is engaged in constituency business;

(b) the member is engaged in the business of the government of New Brunswick or of the Legislative Assembly;

(i) a member of caucus or a committee of the Legislative Assembly,

(ii) the critic of a government ministry, a program or Crown corporation, or

(iii) the Leader of the Opposition or the leader of another registered political party;

(d) the member is absent due to

(i) serious illness related to a member of his or her family,

(ii) bereavement,

(iii) exceptional family circumstances, or

(iv) injury or illness of the member, certified by a medical practitioner if of more than 5 days duration;

(e) the member is absent because circumstances not directly attributable to the member prevent his or her attendance; or

(f) the member has been granted leave by the Speaker.

30.1(6) While the Legislature is in session, every member, other than the Premier or 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 the Legislature for the previous month for reasons other than those specified in subsection (4) or (5).

30.1(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.

10 Section 30.3 of the Act is amended by striking out “subsection 30.1(2) and section 32.2” and substituting “sections 30.1 and 32.2”.

11 Paragraph 32(1)(a) of the Act is amended by striking out “subsection 19(1), 25(1), 25(1.1) or 25(3)” and substituting “subsection 19(1) or subsections 25(1), (1.1), (3) or (3.5)”.

12 Section 32.2 of the Act is amended

(a) in subsection (2.1) by striking out “eight sessions” and substituting “six sessions”;

(b) in subsection (3.1) by striking out “eight sessions” and substituting “six sessions”;

(d) by repealing paragraph (5)(a).

13 The Act is amended by adding after section 32.2 the following:

Salary and benefits review

32.3(1) After the second provincial general election held after the commencement of this section, and after every second general provincial election held thereafter, 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.

32.3(2) No member of the committee shall be a member of the Legislative Assembly.

14 The Act is amended by adding after section 36 the following:

Election of member respecting payments

37(1) A member of the Legislative Assembly who is not eligible to contribute or participate in a pension plan under the Members Superannuation Act or the Members’ Pension Act as of April 1, 2008, because of age restrictions under the Income Tax Act (Canada), may elect to continue under sections 25, 28 and 32.3 of this Act as they read immediately before April 1, 2008.

37(2) An election under subsection (1) shall be in writing and delivered to the Speaker within 10 days after the date on which the amending Act which enacts this provision receives Royal Assent.

15 This Act shall be deemed to have come into force on April 1, 2008.

EXPLANATORY NOTES

Section 1

The existing provision is as follows:

“annual indemnity” means (indemnité annuelle)

(a) the annual indemnity payable to a member of the Legislative Assembly under paragraph 25(1)(a), or

(b) the indemnity payable to a member of the Legislative Assembly at the rate established under paragraph 25(1)(b);

Section 2

(a) The existing provision is as follows:

10(1) There shall be paid to each member of a committee of the Legislative Assembly such allowances as are established by the Legislative Assembly in respect of expenses incurred by the member while engaged in the work of the committee.

(b) New provisions.

Section 3

(a) The existing provision is as follows:

19(1) In addition to the amounts provided for under subsections 25(1) and (1.1), the Speaker of the Legislative Assembly shall be paid an annual salary equal to the salary paid to a member of the Executive Council under sections 6 and 6.1 of the Executive Council Act.

(b) The existing provision is as follows:

19(2) In addition to the amounts provided for under subsections 25(1) and (1.1), each Deputy Speaker of the Legislative Assembly shall be paid an annual salary equal to thirty-one per cent of the annual salary paid to the Speaker of the Legislative Assembly.

Section 4

(a) The existing provision is as follows:

25(1) Each member of the Legislative Assembly shall be paid

(a) up to and including the day before the polling day of the first provincial general election after the commencement of this paragraph, an annual indemnity of thirty-five thousand, eight hundred and seven dollars, or

(b) commencing on the polling day of the first provincial general election after the commencement of this paragraph, an indemnity at the rate of thirty-five thousand, eight hundred and seven dollars per year.

(b) Consequential amendment.

(d) Consequential amendment.

(e) New provision.

(f) The existing provision is as follows:

25(3) In addition to the amount provided by subsections (1) and (1.1), there shall be paid to the member of the Legislative Assembly who is the Leader of the Opposition an annual salary equal to the salary paid to a Minister under subsections 5(1) and 6.1(2) of the Executive Council Act.

(g) New provisions.

Section 5

(a) The existing provision is as follows:

28(1) An allowance equal to forty per cent of the annual indemnity computed under section 25 shall be paid to each member of the Legislative Assembly annually for expenses incidental to the discharge of his duties as a member.

(b) The existing provision is as follows:

28(1.2) The annual allowance payable to a member under section (1) may be paid in instalments in the frequency, on the days and in the amounts determined by the Legislative Administration Committee.

28(1.3) If a member of the Legislative Assembly is a member for a part only of a year, the member shall be paid the annual allowance under subsection (1) pro rata for such time as the member is a member.

(d) The existing provision is as follows:

28(1.4) Subsections 25(1.203) and (1.204) apply with the necessary modifications to the payment of and the computing of an annual allowance payable under subsection (1).

(e) Consequential amendment.

(f) Consequential amendment.

Section 6

(a) Consequential amendment.

(b) The existing provision is as follows:

29(4) Subsections 25(1.204) and (3.3) apply with the necessary modifications to the payment of the salary, to the computing of the salary and to the identification of the persons entitled to receive the salary payable to a leader under subsection (3).

Section 7

Consequential amendment.

Section 8

New provision.

Section 9

The existing provision is as follows:

Expenses and fringe benefits of members

30.01(1) Notwithstanding that 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 such of those expenses described in section 4 of Schedule A, and subject to such terms and conditions, as may be determined by the Legislative Administration Committee, for the period from the day of dissolution of the Legislative Assembly to the day before the polling day.

30.01(2) Notwithstanding that 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 such of those expenses described in section 4 of Schedule A, and subject to such terms and conditions, as may be determined by the Legislative Administration Committee, 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.

30.01(3) A former member of a Legislative Assembly referred to in subsection (1) who is not re-elected may be reimbursed for such of those expenses described in section 4 of Schedule A, and subject to such terms and conditions, as may be determined by the Legislative Administration Committee, for the period from the polling day to the last day of the month after the month in which the polling day occurs.

30.01(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 such of those expenses described in section 4 of Schedule A, and subject to such terms and conditions, as may be determined by the Legislative Administration Committee, for the period from the polling day in a riding to the day on which the results of that riding are officially declared.

30.01(5) Subsections 30(1.2) and (1.3) apply with the necessary modifications to expenses paid to a person under this section.

Section 10

Consequential amendment.

Section 11

Consequential amendment.

Section 12

(a) The existing provision is as follows:

32.2(2.1) 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 Assembly shall be paid a re-establishment 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 session or portion of a session of pensionable service in the Assembly up to a maximum of eight sessions.

(b) The existing provision is as follows:

32.2(3.1) Subject to subsection (4.1), 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 re-establishment allowance equal to one-twenty-fourth 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 session or portion of a session of pensionable service in the Assembly up to a maximum of eight sessions.

32.2(4.1) 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 such medical practitioner or practitioners as 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 re-establishment 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 session or portion of a session of pensionable service in the Assembly up to a maximum of eight sessions.

(d) The existing provision is as follows:

32.2(5) Notwithstanding subsections (2.1), (3.1) and (4.1), a re-establishment allowance shall not be paid under those subsections

(a) to or in relation to a person to or respecting whom a benefit is or will be payable under the Members Superannuation Act or the Members’ Pension Act, or

Section 13

New provision.

Section 14

New provision.

Section 15

Commencement provision.