Skip all menusSkip first menu   Department of Justice Canada / Ministère de la Justice CanadaGovernment of Canada
   
Français Contact us Help Search Canada Site
Justice Home Site Map Programs Proactive Disclosure Laws
Laws
Updates to Justice Laws Web Site Notice
Main Page
Glossary
Important Note
How to link
Printing Problems?
Easy Links
Constitution
Charter
Guide to Making Federal Acts and Regulations
Statutes by Title
Statutes by Subject
Advanced Search
Templates for advanced searching
Case Law
Federal and Provincial Case Law
Other
Table of Public Statutes and Responsible Ministers
Table of Private Acts
Index of Statutory Instruments
 
Consolidated Statutes and Regulations
Main page on: Parliament of Canada Act
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/P-1/254298.html
Act current to September 15, 2006

[Previous]


PART IV

REMUNERATION OF MEMBERS OF PARLIAMENT

Remuneration 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.

2001, c. 20, s. 1.

Sessional Allowances Before April 1, 2004

55. (1) There shall be paid a sessional allowance at the rate of forty thousand two hundred dollars per annum, subject to adjustment made from time to time in accordance with subsections (3) to (6), to each of the members of the Senate and the House of Commons.

Commencement of membership

(2) For the purposes of this section, a person shall be deemed to have become a member of the Senate on the day on which the person is summoned to the Senate, and a person shall be deemed to have become a member of the House of Commons on the day last fixed for the election of a member of the House of Commons for the electoral district represented by the person.

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

(a) the sessional allowance payable to each such member for the twelve month period immediately preceding the twelve month period in respect of which the sessional allowance is to be determined

by

(b) one per cent less than the lesser of

(i) the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year, and

(ii) the percentage that the Consumer Price Index for the first adjustment year is of the Consumer Price Index for the second adjustment year.

Construction of certain expressions

(4) For the purposes of subsection (3),

(a) in relation to any twelve month period in respect of which the sessional allowance is to be determined,

(i) the “first adjustment year” is the last twelve month period, preceding the commencement of the period in respect of which the sessional allowance is to be determined, for which the Industrial Aggregate or the Consumer Price Index, as the case may be, is available on the first day of the period in respect of which the sessional allowance is to be determined, and

(ii) the “second adjustment year” is the twelve month period immediately preceding the first adjustment year; and

(b) the “Industrial Aggregate” for an adjustment year is the average weekly wages and salaries of the Industrial Aggregate in Canada for that year as published by Statistics Canada under the authority of the Statistics Act.

(c) [Repealed, 2001, c. 20, s. 2]

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

(a) the rate per annum that would, but for this subsection, be determined under subsection (3), and

(b) the rate per annum that is obtained by multiplying

(i) the sessional allowance that was paid for the twelve month period commencing January 1, 1983 to each member under this section as in force at that date

by

(ii) one hundred and five per cent.

Calculation of allowance after January 1, 1985

(6) For the purposes of calculating a sessional allowance under subsection (3) for the twelve month period commencing January 1, 1985, the sessional allowance payable for the twelve month period immediately preceding that twelve month period shall be deemed to be the sessional allowance payable under subsection (5).

Override as of January 1, 1986

(7) Notwithstanding subsection (3), 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, 1986 a sessional allowance that is one thousand dollars less than the amount that would, but for this subsection, be determined under subsection (3).

Deeming provision

(8) For the purposes of calculating

(a) a sessional allowance under subsection (3) for any period commencing after December 31, 1986, and

(b) contributions and allowances under the Members of Parliament Retiring Allowances Act,

the sessional allowance payable for the twelve month period commencing January 1, 1986 shall be deemed to have been the sessional allowance that would, but for subsection (7), have been determined under subsection (3).

Override as of January 1, 1992

(9) Notwithstanding subsection (3), there shall be paid to every member of the Senate and House of Commons

(a) for the twelve month period commencing January 1, 1992, a sessional allowance at the same rate per annum as the sessional allowance payable to each such member for the twelve month period immediately preceding January 1, 1992; and

(b) for the twelve month periods commencing January 1, 1993, January 1, 1994, January 1, 1995, January 1, 1996 and January 1, 1997, a sessional allowance at the same rate per annum as the sessional allowance payable to each such member for the twelve month period commencing January 1, 1992 under paragraph (a).

Sessional allowance after January 1, 1998

(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.

Deeming

(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).

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.

R.S., 1985, c. P-1, s. 55; R.S., 1985, c. 38 (2nd Supp.), s. 1; 1991, c. 30, s. 23; 1993, c. 13, s. 11; 1994, c. 18, s. 10; 1998, c. 23, s. 1; 2001, c. 20, s. 2.

Sessional Allowances From April 1, 2004

55.1 (1) Despite section 55, the annual sessional allowance that shall be paid for the fiscal year commencing on April 1, 2004 to

(a) members of the Senate is $116,200; and

(b) members of the House of Commons is $141,200.

Subsequent fiscal years

(2) Despite section 55, the annual sessional allowance that shall be paid for each fiscal year subsequent to March 31, 2005 to

(a) members of the Senate is the sessional allowance calculated in accordance with paragraph (b) minus $25,000; and

(b) members of the House of Commons is the sessional allowance for the previous fiscal year plus the amount obtained by multiplying that sessional allowance by the index described in section 67.1 for the previous calendar year.

2005, c. 16, s. 4.

56. The sessional allowances payable under section 55.1 shall be paid in monthly instalments on the last day of each month.

R.S., 1985, c. P-1, s. 56; 2005, c. 16, s. 4.

General Provisions Regarding Sessional Allowances

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.

Days not reckoned

(2) For the purposes of subsection (1), in the case of a member elected or appointed after the commencement of a session, no day of a session previous to the election or appointment shall be reckoned as one of the twenty-one days referred to in that subsection.

Reckoning days of attendance

(3) Each day during a session on which

(a) a member of either House of Parliament did not attend a sitting thereof by reason of public or official business,

(b) there has been no sitting of the House in consequence of its having adjourned over that day, or

(c) the member is unable to attend by reason of being ill,

shall be reckoned as a day of attendance of the member at that session.

Payment of sessional allowance on death

(4) Where a member of either House of Parliament dies, the sessional allowance of the member shall be paid to the end of the month in which the death occurs.

R.S., 1985, c. P-1, s. 57; 2001, c. 20, s. 3.

58. In the calculation pursuant to this Part of any deduction from the sessional allowance of a member on account of absence, days that were spent by the member

(a) on service as an officer or non-commissioned member of the reserve force while on any training or other duty authorized by regulations or orders made under the National Defence Act, or

(b) in the Canadian Forces or in any other armed forces of Her Majesty while those forces are on active service in consequence of any war,

shall not be computed.

R.S., 1985, c. P-1, s. 58; R.S., 1985, c. 31 (1st Supp.), s. 61.

59. The Senate or the House of Commons may make regulations, by rule or by order, rendering more stringent on its own members the provisions of this Act that relate to the attendance of members or to the deductions to be made from sessional allowances.

R.S., c. S-8, s. 40.

Salaries and Additional Allowances of Members Before April 1, 2004

60. There shall be paid to the following members of the Senate or 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 — except one who receives a salary under the Salaries Act — occupying the position of Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, 3.6%; and

( h) any member — except one who receives a salary under the Salaries Act — occupying the position of Vice-Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, 1.9%.

R.S., 1985, c. P-1, s. 60; 1998, c. 23, s. 2; 2001, c. 20, s. 4; 2003, c. 16, s. 10.

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.

R.S., 1985, c. P-1, s. 61; 1998, c. 23, s. 3; 2001, c. 20, s. 4.

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.

R.S., 1985, c. P-1, s. 62; 1998, c. 23, s. 4; 2001, c. 20, s. 4.

Salaries and Additional Allowances of Members From April 1, 2004

62.1 (1) Despite section 60, for the fiscal year commencing on April 1, 2004 there shall be paid to the following members of the Senate and the House of Commons the following annual salaries:

(a) the Speaker of the Senate, $49,600;

(b) the member of the Senate occupying the recognized position of Speaker pro tempore of the Senate, $20,600;

(c) the Speaker of the House of Commons, $67,800;

(d) the Deputy Speaker of the House of Commons, $35,300;

(e) the Deputy Chair of the Committee of the Whole House of Commons, $14,300;

(f) the Assistant Deputy Chair of the Committee of the Whole House of Commons, $14,300;

(g) the member — unless he or she receives a salary under the Salaries Act — occupying the position of Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, $10,100; and

(h) the member — unless he or she receives a salary under the Salaries Act — occupying the position of Vice-Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, $5,200.

Subsequent fiscal years

(2) Despite section 60, the annual salary that shall be paid for each fiscal year subsequent to March 31, 2005 to a member of the Senate or the House of Commons referred to in subsection (1) is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 67.1 for the previous calendar year.

2005, c. 16, s. 6.

62.2 (1) Despite section 61, for the fiscal year commencing on April 1, 2004 a Parliamentary Secretary shall be paid an annual salary of $14,300.

Subsequent fiscal years

(2) Despite section 61, the annual salary that shall be paid for each fiscal year subsequent to March 31, 2005 to a Parliamentary Secretary is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 67.1 for the previous calendar year.

2005, c. 16, s. 6.

62.3 (1) Despite section 62, for the fiscal year commencing on April 1, 2004 there shall be paid to the following members of the Senate or the House of Commons the following additional annual allowances:

(a) the member of the Senate occupying the position of Leader of the Government in the Senate, unless the member is in receipt of a salary under the Salaries Act, $67,800;

(b) the member of the Senate occupying the position of Leader of the Opposition in the Senate, $32,400;

(c) the member of the Senate occupying the position of Deputy Leader of the Government in the Senate, $32,400;

(d) the member of the Senate occupying the position of Deputy Leader of the Opposition in the Senate, $20,600;

(e) the member of the Senate occupying the position of Government Whip in the Senate, $10,100;

(f) the member of the Senate occupying the position of Opposition Whip in the Senate, $6,100;

(f .1) the member of the Senate occupying the position of Deputy Government Whip in the Senate, $5,200;

(f .2) the member of the Senate occupying the position of Deputy Opposition Whip in the Senate, $3,100;

(f .3) the member of the Senate occupying the position of Chair of the Caucus of the Government in the Senate, $6,100;

(f .4) the member of the Senate occupying the position of Chair of the Caucus of the Opposition in the Senate, $5,200;

(g) the member occupying the position of Leader of the Opposition in the House of Commons, $67,800;

(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, $48,300;

(i) each of the members occupying the positions of Chief Government Whip and Chief Opposition Whip in the House of Commons, $25,600;

(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, $10,100;

(j.1) the member occupying the position of Deputy Whip of a party that has a recognized membership of twelve or more persons in the House of Commons, $5,200;

(k) the member occupying the position of Opposition House Leader in the House of Commons, $35,300;

(k .1) the member occupying the position of Deputy House Leader of the Government in the House of Commons, unless the member is in receipt of a salary under the Salaries Act or section 62.2 of this Act, $14,300;

(k .2) the member occupying the position of Deputy House Leader of the Opposition in the House of Commons, $14,300;

(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, $14,300;

(m) the member occupying the position of Deputy House Leader of a party that has a recognized membership of twelve or more persons in the House of Commons, $5,200;

(n) each of the members occupying the positions of Chair of the Caucus of the Government and Chair of the Caucus of the Opposition in the House of Commons, $10,100; and

(o) the member occupying the position of Chair of the Caucus of a party that has a recognized membership of twelve or more persons in the House of Commons, $5,200.

Subsequent fiscal years

(2) Despite section 62, the additional annual allowance that shall be paid for each fiscal year subsequent to March 31, 2005 to a member of the Senate or the House of Commons referred to in subsection (1) is the additional annual allowance for the previous fiscal year plus the amount obtained by multiplying that additional annual allowance by the index described in section 67.1 for the previous calendar year.

2005, c. 16, s. 6.

Expenses

63. (1) For each session of Parliament, there shall be allowed to every member of each House of Parliament such actual moving, transportation, travel and telecommunication expenses as that House may, by order, prescribe.

Motor vehicle allowances

(2) In addition to the expenses payable pursuant to subsection (1), there shall be paid annually

(a) to each minister of the Crown, a motor vehicle allowance of two thousand dollars;

(b) to the member holding the recognized position of Leader of the Opposition in the House of Commons, a motor vehicle allowance of two thousand dollars; and

(c) to each of the Speakers of the Senate and the House of Commons, a motor vehicle allowance of one thousand dollars.

(3) and (4) [Repealed, 2001, c. 20, s. 5]

R.S., 1985, c. P-1, s. 63; 1993, c. 28, s. 78; 2000, c. 9, s. 565; 2001, c. 20, s. 5.

64. [Repealed, 2001, c. 20, s. 6]

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.

Statement of travel and other expenses

(2) Every member of each House of Parliament applying for an allowance for travel expenses shall furnish the Clerk of that House with a statement, signed by the member, of the actual moving or transportation expenses as provided for in subsection 63(1).

R.S., 1985, c. P-1, s. 65; 2001, c. 20, s. 7.

66. The Governor in Council may make regulations providing for the payment to a Parliamentary Secretary of reasonable travel and other expenses

(a) incurred by, and in the discharge of the duties of, the Parliamentary Secretary during a session of Parliament while away from Ottawa; or

(b) incurred by the Parliamentary Secretary in the discharge of the duties, while away from the ordinary place of residence, of the Parliamentary Secretary during a period when Parliament is not in session.

R.S., c. P-1, s. 5.

66.1 [Repealed, 2001, c. 20, s. 8]

Adjustment of Salaries and Allowances

67. The salaries and allowances payable to members of the Senate and the House of Commons under sections 55.1 and 62.1 to 62.3 of this Act and section 4.1 of the Salaries Act shall be rounded down to the nearest hundred dollars.

R.S., 1985, c. P-1, s. 67; R.S., 1985, c. 38 (2nd Supp.), s. 2; 1991, c. 30, s. 24; 2001, c. 20, s. 9; 2003, c. 16, s. 11; 2005, c. 16, s. 7.

67.1 The index referred to in paragraph 55.1(2)(b) and subsections 62.1(2), 62.2(2) and 62.3(2) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Human Resources and Skills Development within three months after the end of that calendar year.

2005, c. 16, ss. 7, 21.

68. [Repealed, 2001, c. 20, s. 9]

Allowances after Dissolution

69. For the purposes of the allowances payable under sections 55.1 and 63, a person who, immediately before a dissolution of the House of Commons, was a member of the House shall be deemed to continue to be a member of the House until the date of the next following general election.

R.S., 1985, c. P-1, s. 69; 2005, c. 16, s. 8.

Severance Allowance

70. (1) Subject to section 71, where a person who holds a seat in the House of Commons on the day of a dissolution of the House is, for any reason, not re-elected as a member thereof at the next following general election of members of the House, the person shall be paid a severance allowance in accordance with subsection (4).

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.

Notice of Speaker’s opinion

(3) Notice of the opinion referred to in subsection (2) shall be given to members of the House of Commons by means of a statement made by the Speaker in the House.

Amount

(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

(a) the sessional allowance under section 55.1, and

(b) any salary or allowance under section 62.1, 62.2 or 62.3 of this Act or section 4.1 of the Salaries Act

to which the person was entitled immediately before ceasing to be a member of Parliament.

Amount

(4.1) Subject to subsection (5), the severance allowance to be paid to or in respect of a person under subsection (1) or (2) who is under fifty-five years of age on the day on which the person ceases to be a member and to whom an allowance would be immediately payable under the Members of Parliament Retiring Allowances Act shall be the amount that would be the severance allowance determined under subsection (4) but for this subsection less an amount equal to the annual allowance immediately payable under that Act to the person.

Amount

(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

(a) the severance allowance that would otherwise be payable under subsection (4)

reduced by

(b) the amount determined by the formula

A/B × C

where

A is the number of days between the beginning of the period mentioned in B and the day the person ceased to be a member of the House of Commons,

B is the number of days in the six month period immediately before the person’s fifty-fifth birthday, and

C is the severance allowance that would otherwise be payable under subsection (4).

Supplementary severance allowance

(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

(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.

(7) [Repealed, 2000, c. 27, s. 1]

Persons under fifty-five years of age

(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.

Payment deferred

(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.

Member for a year

(10) For the purposes of subsections (6) 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.

R.S., 1985, c. P-1, s. 70; 1998, c. 23, s. 6; 2000, c. 27, s. 1; 2001, c. 20, s. 10; 2005, c. 16, s. 9.

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, except in the case referred to in subsection 70(4.1).

R.S., 1985, c. P-1, s. 71; 1998, c. 23, s. 7; 2000, c. 27, s. 2.

Disability Allowance

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 their annual salaries and allowances under sections 55.1 and 62.1 to 62.3 of this Act and section 4.1 of the Salaries Act , on the date of resignation, if at the time of their 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.

2001, c. 20, s. 11; 2003, c. 16, s. 12; 2005, c. 16, s. 10.

Group Insurance Plans

71.2 (1) If a person, having reached 50 years of age and having contributed or elected to contribute under the Members of Parliament Retiring Allowances Act as a member for at least six years, ceases to be a member of the Senate or the House of Commons and is not in receipt of an allowance by virtue of subsection 37.1(1) of that Act, the person is deemed to be in receipt of an allowance, other than a withdrawal allowance, under that Act for the purpose of being eligible to participate in the Public Service Health Care Plan, the Pensioners' Dental Services Plan and the Public Service Management Insurance Plan established by the Treasury Board, on the same terms and conditions as apply to persons in receipt of an allowance, other than a withdrawal allowance, under that Act.

When provision ceases to apply

(2) Subsection (1) ceases to apply if the person

(a) reaches 55 years of age;

(b) becomes entitled to receive a disability pension under the Canada Pension Plan or a provincial pension plan similar to it; or

(c) becomes a member of the Senate or the House of Commons.

Eligibility if person in receipt of disability allowance

(3) A person who is entitled to and elects to receive a disability allowance under section 71.1 is deemed to be in receipt of an allowance, other than a withdrawal allowance, under the Members of Parliament Retiring Allowances Act for the purpose of being eligible to participate in the plans referred to in subsection (1), on the same terms and conditions as apply to persons in receipt of an allowance, other than a withdrawal allowance, under that Act.

2004, c. 18, s. 1.

Financial Provisions

72. (1) There is hereby granted to Her Majesty, out of any unappropriated moneys forming part of the Consolidated Revenue Fund, an annual sum sufficient to enable Her Majesty to pay the amount of the sessional allowances of members of Parliament.

Salary of Parliamentary Secretaries

(2) The salary of a Parliamentary Secretary under this Act shall be paid out of the Consolidated Revenue Fund.

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.

R.S., 1985, c. P-1, s. 72; 1998, c. 23, s. 8; 2001, c. 20, s. 12.


[Next]




Back to Top Important Notices