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

Act current to 2014-11-25 and last amended on 2013-12-12. Previous Versions

By-laws

Marginal note:By-laws
  •  (1) The Board may make by-laws

    • (a) respecting the calling of meetings of the Board and the conduct of business at those meetings;

    • (b) governing the use by members of the House of Commons of funds, goods, services and premises made available to them for the carrying out of their parliamentary functions;

    • (c) prescribing the terms and conditions of the management of, and accounting for, by members of the House of Commons, of funds referred to in paragraph (b) and section 54; and

    • (d) respecting all such things as are necessary or incidental to the exercise of its powers and the carrying out of its functions.

  • Marginal note:Speaker to table by-laws

    (2) The Speaker shall table before the House of Commons the by-laws made under this section on any of the first thirty days after the making thereof.

  • Marginal note:Speaker to make by-laws available

    (3) When the House of Commons is not sitting, the Speaker shall cause the by-laws made under this section to be deposited with the Clerk of that House and such by-laws shall thereupon be deemed to have been tabled before the House of Commons.

  • Marginal note:By-laws not statutory instruments

    (4) By-laws made under this section shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

  • 1991, c. 20, s. 2.

Opinions

Marginal note:Exclusive authority
  •  (1) The Board has the exclusive authority to determine whether any previous, current or proposed use by a member of the House of Commons of any funds, goods, services or premises made available to that member for the carrying out of parliamentary functions is or was proper, given the discharge of the parliamentary functions of members of the House of Commons, including whether any such use is or was proper having regard to the intent and purpose of the by-laws made under subsection 52.5(1).

  • Marginal note:Members may apply

    (2) Any member of the House of Commons may apply to the Board for an opinion with respect to any use by that member of funds, goods, services or premises referred to in subsection (1).

  • 1991, c. 20, s. 2.
Marginal note:Opinion during investigation
  •  (1) During any investigation by a peace officer in relation to the use by a member of the House of Commons of funds, goods, services or premises referred to in subsection 52.6(1), the peace officer may apply to the Board for, or the Board may, on its own initiative, provide the peace officer with, an opinion concerning the propriety of such use.

  • Marginal note:Opinion to be considered

    (2) Where an opinion is provided to a peace officer pursuant to subsection (1) and where an application for a process is made to a judge, the judge shall be provided with the opinion and shall consider it in determining whether to issue the process.

  • Definition of “process”

    (3) For the purposes of this section, “process” means

    • (a) an authorization to intercept a private communication under section 185,

    • (b) an order for a special warrant under section 462.32,

    • (c) an order for a search warrant under section 487,

    • (d) a restraint order under section 462.33,

    • (e) the laying of an information under section 504 or 505,

    • (f) a summons or an arrest warrant under section 507, or

    • (g) the confirmation of an appearance notice, promise to appear or recognizance under section 508

    of the Criminal Code.

  • Marginal note:Issuance of process by judge

    (4) The issuance of a process referred to in paragraphs (3)(c), (e), (f) and (g) that is based on the use by a member of the House of Commons of any funds, goods, services or premises made available to that member for the carrying out of parliamentary functions shall be authorized by a judge of a provincial court within the meaning of section 2 of the Criminal Code.

  • 1991, c. 20, s. 2.