Parliament of Canada Act (R.S.C., 1985, c. P-1)

Act current to 2016-06-21 and last amended on 2015-10-27. Previous Versions

Parliament of Canada Act

R.S.C., 1985, c. P-1

An Act respecting the Parliament of Canada

Short Title

Marginal note:Short title

 This Act may be cited as the Parliament of Canada Act.

PART ISenate and House of Commons

Parliament Continued

Marginal note:Demise of the Crown

 Parliament shall not determine or be dissolved by the demise of the Crown and, notwithstanding the demise, shall continue, and may meet, convene and sit, proceed and act, in the same manner as if that demise had not happened.

  • R.S., c. S-8, s. 2.
Marginal note:Prerogative saved

 Nothing in section 2 alters or abridges the power of the Crown to prorogue or dissolve Parliament.

  • R.S., c. S-8, s. 3.

Privileges, Immunities and Powers

Definition

Marginal note:Parliamentary privileges, immunities and powers

 The Senate and the House of Commons, respectively, and the members thereof hold, enjoy and exercise

  • (a) such and the like privileges, immunities and powers as, at the time of the passing of the Constitution Act, 1867, were held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom and by the members thereof, in so far as is consistent with that Act; and

  • (b) such privileges, immunities and powers as are defined by Act of the Parliament of Canada, not exceeding those, at the time of the passing of the Act, held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom and by the members thereof.

  • R.S., c. S-8, s. 4.
Marginal note:Judicial notice

 The privileges, immunities and powers held, enjoyed and exercised in accordance with section 4 are part of the general and public law of Canada and it is not necessary to plead them but they shall, in all courts in Canada, and by and before all judges, be taken notice of judicially.

  • R.S., c. S-8, s. 5.
Marginal note:Printed copy of journals

 On any inquiry concerning the privileges, immunities and powers of the Senate and the House of Commons or of any member of either House, any copy of the journals of either House, printed or purported to be printed by order thereof, shall be admitted as evidence of the journals by all courts, justices and others, without proof that the copy was printed by order of either House.

  • R.S., c. S-8, s. 6.

Publication of Proceedings

Marginal note:Proceedings based on published report
  •  (1) Where any person is a defendant in any civil or criminal proceedings that are commenced or prosecuted in a court in any manner for, on account of or in respect of the publication of any report, paper, votes or proceedings, by that person or the servant of that person, by or under the authority of the Senate or the House of Commons, that person may bring before the court or any judge thereof, after twenty-four hours notice of intention to do so given in accordance with subsection (2), a certificate

    • (a) given under the hand of the Speaker or the Clerk of the Senate or the House of Commons, and

    • (b) stating that the report, paper, votes or proceedings were published by that person or servant, by order or under the authority of the Senate or the House of Commons,

    together with an affidavit verifying the certificate.

  • Marginal note:Notice of intention

    (2) The notice of intention referred to in subsection (1) shall be given to the plaintiff or prosecutor in the civil or criminal proceedings or to the attorney or solicitor of the plaintiff or prosecutor.

  • Marginal note:Stay of proceedings

    (3) On the bringing of a certificate before a court or judge in accordance with subsection (1), the court or judge shall immediately stay the civil or criminal proceedings, and those proceedings and every writ or process issued therein shall be deemed to be finally determined and superseded by virtue of this Act.

  • R.S., c. S-8, s. 7.
Marginal note:Proof of correctness of copy
  •  (1) Where any civil or criminal proceedings are commenced or prosecuted in a court for, on account of or in respect of the publication of any copy of a report, paper, votes or proceedings referred to in subsection 7(1), the defendant, at any stage of the proceedings, may bring before the court, or any judge thereof, the report, paper, votes or proceedings and the copy, together with an affidavit verifying the report, paper, votes or proceedings and the correctness of the copy.

  • Marginal note:Stay of proceedings

    (2) On the bringing before a court or any judge thereof of any report, paper, votes or proceedings and a copy thereof with affidavit in accordance with subsection (1), the court or judge shall immediately stay the civil or criminal proceedings, and those proceedings and every writ or process issued therein shall be deemed to be finally determined and superseded by virtue of this Act.

  • R.S., c. S-8, s. 8.
Marginal note:Proof in action for printing extract or abstract

 In any civil or criminal proceedings commenced or prosecuted for printing an extract from or abstract of any report, paper, votes or proceedings referred to in subsection 7(1), the report, paper, votes or proceedings may be given in evidence and it may be shown that the extract or abstract was published in good faith and without malice and, if such is the opinion of the jury, a verdict of not guilty shall be entered for the defendant.

  • R.S., c. S-8, s. 9.

Examination of Witnesses

Marginal note:Examination of witnesses under oath
  •  (1) The Senate or the House of Commons may administer an oath to any witness examined at the bar of the Senate or the House.

  • Marginal note:Examination before committee

    (2) The Senate or the House of Commons may order witnesses to be examined on oath before any committee.

  • Marginal note:Committee may administer oath

    (3) Any committee of the Senate or the House of Commons may administer an oath to any witness examined before the committee.

  • R.S., c. S-8, ss. 25 to 27.
Marginal note:Affirmation
  •  (1) Where any witness to be examined under this Part conscientiously objects to take an oath, the witness may make a solemn affirmation and declaration.

  • Marginal note:Effect of affirmation

    (2) Any solemn affirmation and declaration made under subsection (1) has the same force and effect, and entails the same consequences, as an oath taken in the usual form.

  • R.S., c. S-8, ss. 28, 29.
Marginal note:Perjury

 Any person examined under this Part who wilfully gives false evidence is liable to such punishment as may be imposed for perjury.

  • R.S., c. S-8, s. 31.
Marginal note:Administering of oaths and affirmations
  •  (1) Any oath or solemn affirmation and declaration under this Part may be administered by

    • (a) the Speaker of the Senate or the House of Commons;

    • (b) the chairman of any committee of the Senate or the House of Commons; or

    • (c) such person or persons as may be appointed for that purpose either by the Speaker of the Senate or by the Speaker of the House of Commons or by standing or other order of the Senate or the House.

  • Marginal note:Form

    (2) Every oath and solemn affirmation and declaration under this Part shall be in the Forms 1 and 2 in the schedule.

  • R.S., c. S-8, ss. 30, 32.

PART IISenate

Conflict of Interest

 [Repealed, 2004, c. 7, s. 1]

 [Repealed, 2004, c. 7, s. 1]

Marginal note:Receiving prohibited compensation
  •  (1) No member of the Senate shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered to any person, either by the member or another person,

    • (a) in relation to any bill, proceeding, contract, claim, controversy, charge, accusation, arrest or other matter before the Senate or the House of Commons or a committee of either House; or

    • (b) for the purpose of influencing or attempting to influence any member of either House.

  • Marginal note:Offence and punishment

    (2) Every member of the Senate who contravenes subsection (1) is guilty of an offence and liable to a fine of not less than one thousand dollars and not more than four thousand dollars.

  • Marginal note:Offering prohibited compensation

    (3) Every person who gives, offers or promises to any member of the Senate any compensation for services described in subsection (1), rendered or to be rendered, is guilty of an indictable offence and liable to imprisonment for a term not exceeding one year and to a fine of not less than five hundred dollars and not more than two thousand dollars.

  • R.S., c. S-8, s. 23.
 
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