Parliament of Canada Act
R.S.C., 1985, c. P-1
An Act respecting the Parliament of Canada
Marginal note:Short title
SENATE AND HOUSE OF COMMONS
Marginal note:Demise of the Crown
2. 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
3. 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
Marginal note:Parliamentary privileges, immunities and powers
4. 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
5. 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
6. 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
7. (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.
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