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

Act current to 2016-02-03 and last amended on 2015-10-27. Previous Versions

Allowances after Dissolution

Marginal note:Payment after dissolution

 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

Marginal note:Where member not re-elected
  •  (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).

  • Marginal note: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).

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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).
  • Marginal note: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]

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Restriction

 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

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 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.

  • 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;
  • 2005, c. 16, s. 10.

Group Insurance Plans

Marginal note:Eligibility if person not in receipt of allowance
  •  (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.

  • Marginal note: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.

  • Marginal note: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.
 
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