Parliament of Canada Act

Version of section 71.1 from 2003-07-28 to 2005-04-20:

Marginal note:Entitlement
  •  (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 subsection 55(12) and sections 60 to 62 of this Act and section 4 of the Salaries Act on the day 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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
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