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

Act current to 2016-08-15 and last amended on 2015-10-27. Previous Versions

Marginal note:Quorum
  •  (1) Five members of the Board, of whom one shall be the Speaker, constitute a quorum.

  • Marginal note:Death, disability or absence of Speaker

    (2) In the event of the death, disability or absence of the Speaker, five members of the Board, of whom one shall be a member of the Queen’s Privy Council for Canada appointed under subsection 50(2), constitute a quorum. The members present shall designate a member from among themselves to chair the meeting.

  • R.S., 1985, c. P-1, s. 52;
  • R.S., 1985, c. 42 (1st Supp.), s. 2;
  • 1991, c. 20, s. 2;
  • 1997, c. 32, s. 2.
Marginal note:Emergencies
  •  (1) Where the Speaker deems that there is an emergency, the Speaker may exercise any power of the Board.

  • Marginal note:Report of decision

    (2) The Speaker shall report to the Board any decision made under subsection (1) at the meeting of the Board immediately following the decision.

  • 1991, c. 20, s. 2.

Functions of Board

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

    • (a) enter into contracts, memoranda of understanding or other arrangements in the name of the House of Commons or in the name of the Board; 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 Board participates in the exercise of the powers or the carrying out of the functions of the Board, the member shall not be held personally liable for the actions of the Board.

  • 1991, c. 20, s. 2.
Marginal note:Function of Board

 The Board shall act on all financial and administrative matters respecting

  • (a) the House of Commons, its premises, its services and its staff; and

  • (b) the members of the House of Commons.

  • 1991, c. 20, s. 2.
Marginal note:Estimate to be prepared
  •  (1) Prior to each fiscal year the Board 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 House of Commons and of the members thereof during the fiscal year.

  • Marginal note:Estimate to be included in government estimates and tabled

    (2) The estimate referred to in subsection (1) shall be transmitted by the Speaker to the President of the Treasury Board who shall lay it before the House of Commons with the estimates of the government for the fiscal year.

  • 1991, c. 20, s. 2.

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.
Marginal note:General opinions

 In addition to issuing opinions under section 52.6, the Board may issue general opinions regarding the proper use of funds, goods, services and premises within the intent and purpose of the by-laws made under subsection 52.5(1).

  • 1991, c. 20, s. 2.
Marginal note:Comments may be included
  •  (1) The Board may include in its opinions any comments that the Board considers relevant.

  • Marginal note:Publication of opinions

    (2) Subject to subsection (3), the Board may publish, in whole or in part, its opinions for the guidance of members of the House of Commons.

  • Marginal note:Privacy and notification

    (3) Subject to subsection (4), the Board shall take the necessary measures to assure the privacy of any member of the House of Commons who applies for an opinion and shall notify the member of its opinion.

  • Marginal note:Making opinions available

    (4) For the purposes of subsection 52.7(1), the Board may, if it considers it appropriate to do so, make any of its opinions, including opinions issued under section 52.6, available to the peace officer.

  • 1991, c. 20, s. 2.
 
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