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

Act current to 2016-03-28 and last amended on 2015-10-27. Previous Versions

Deputy Speaker

Marginal note:Speaker leaving the chair

 Whenever the Speaker of the Senate, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the Senate on any day, the Speaker may call on any senator to take the chair and preside as Speaker during the remainder of that day unless the Speaker resumes the chair before the close of the sittings for that day.

  • R.S., c. S-14, s. 2.
Marginal note:Unavoidable absence

 Whenever the Senate is informed of the unavoidable absence of the Speaker thereof by the Clerk at the table, the Senate may choose any senator to preside as Speaker during such absence and that senator thereupon has and shall execute all the powers, privileges and duties of Speaker until the Speaker resumes the chair or another Speaker is appointed by the Governor General.

  • R.S., c. S-14, s. 3.
Marginal note:Validity of acts

 Every act done by any senator acting pursuant to section 17 or 18 has the same effect and validity as if the act had been done by the Speaker.

  • R.S., c. S-14, s. 4.

Internal Administration

Marginal note:Committee
  •  (1) In this section and sections 19.2 to 19.9, Committee means the Standing Senate Committee on Internal Economy, Budgets and Administration established by the Senate under its rules.

  • Marginal note:Intersessional authority

    (2) During a period of prorogation or dissolution of Parliament and until the members of a successor Committee are appointed by the Senate, the Committee continues to exist for the purposes of this Act and, subject to subsection (3), every member of the Committee, while still a senator, remains a member of the Committee as if there had been no prorogation or dissolution.

  • Marginal note:Composition of Committee

    (3) The Leader of the Government in the Senate, or the nominee of the Leader, and the Leader of the Opposition in the Senate, or the nominee of the Leader, may, in accordance with the rules of the Senate, change the membership of the Committee from time to time, including during periods of prorogation or dissolution.

  • Marginal note:Senate control

    (4) In exercising its functions and powers under this Act, the Committee is subject to the rules, direction and control of the Senate.

  • Marginal note:Emergencies

    (5) Where the Chairman of the Committee deems that there is an emergency, the Committee’s Sub-committee on Agenda and Procedure may exercise any power of the Committee under this Act.

  • Marginal note:Report of decision

    (6) The Chairman of the Committee shall report to the Committee any decision made under subsection (5) at the meeting of the Committee immediately following the decision.

  • 1991, c. 20, s. 1.
Marginal note:Capacity of Committee
  •  (1) In exercising the powers and carrying out the functions conferred upon it pursuant to this Act, the Committee has the capacity of a natural person and may

    • (a) enter into contracts, memoranda of understanding or other arrangements in the name of the Senate or in the name of the Committee; and

    • (b) do all such things as are necessary or incidental to the exercising of its powers or the carrying out of its functions.

  • Marginal note:Immunity

    (2) Where a member of the Committee participates in the exercise of the powers or the carrying out of the functions of the Committee, the member shall not be held personally liable for the actions of the Committee.

  • 1991, c. 20, s. 1.
Marginal note:Function of Committee inter alia

 Subject to subsection 19.1(4), the Committee may act on all financial and administrative matters respecting

  • (a) the Senate, its premises, its services and its staff; and

  • (b) the members of the Senate.

  • 1991, c. 20, s. 1.
Marginal note:Main Estimate to be prepared

 Prior to each fiscal year the Committee shall cause to be prepared an estimate of the sums that will be required to be provided by Parliament for the payment of the charges and expenses of the Senate and of the members thereof during the fiscal year.

  • 1991, c. 20, s. 1.

Regulations

Marginal note:Regulations
  •  (1) The Committee may make regulations

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

    • (b) prescribing the terms and conditions of the management of, and accounting for, by senators, of funds referred to in paragraph (a); and

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

  • Marginal note:Chairman to table regulations

    (2) The Chairman of the Committee shall table before the Senate the regulations made under this section on any of the first thirty days after the making thereof.

  • Marginal note:Chairman to make regulations available

    (3) When the Senate is not sitting, the Chairman of the Committee shall cause the regulations made under this section to be deposited with the Clerk of that House and such regulations shall thereupon be deemed to have been tabled before the Senate.

  • Marginal note:Coming into force

    (4) Subject to subsection (5), regulations made under this section come into force on such day as may be fixed by resolution of the Senate.

  • Marginal note:Earlier effect

    (5) Regulations made and tabled under this section during a period of prorogation or dissolution of Parliament have effect without a resolution of the Senate until the end of the thirtieth sitting day of the session of Parliament immediately following the prorogation or dissolution, unless they are earlier rescinded by the Senate.

  • Marginal note:Regulations not statutory instruments

    (6) Regulations made under this section shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

  • 1991, c. 20, s. 1.

Opinions

Marginal note:Exclusive authority
  •  (1) The Committee has the exclusive authority to determine whether any previous, current or proposed use by a senator of any funds, goods, services or premises made available to that senator for the carrying out of parliamentary functions is or was proper, given the discharge of the parliamentary functions of senators, including whether any such use is or was proper having regard to the intent and purpose of the regulations made under subsection 19.5(1).

  • Marginal note:Senator may apply

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

  • 1991, c. 20, s. 1.
Marginal note:Opinion during investigation
  •  (1) During any investigation by a peace officer in relation to the use by a senator of funds, goods, services or premises referred to in subsection 19.6(1), the peace officer may apply to the Committee for, or the Committee 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 senator of any funds, goods, services or premises made available to that senator 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. 1.
 
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