An Act to amend the Parliament of Canada Act and the Salaries Act and to make consequential amendments to other Acts (S.C. 2005, c. 16)
Full Document:
Assented to 2005-04-21
An Act to amend the Parliament of Canada Act and the Salaries Act and to make consequential amendments to other Acts
S.C. 2005, c. 16
Assented to 2005-04-21
An Act to amend the Parliament of Canada Act and the Salaries Act and to make consequential amendments to other Acts
SUMMARY
This enactment amends the Parliament of Canada Act and the Salaries Act to establish a new method of indexation of salaries and allowances for members of Parliament and ministers, with effect from April 1, 2004. Salaries and allowances will no longer be adjusted by reference to the increase in the annual salary of the Chief Justice of the Supreme Court of Canada, but in accordance with the index of the average percentage increase in base-rate wages for each calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Human Resources Development.
The enactment also makes consequential amendments to other Acts.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. P-1PARLIAMENT OF CANADA ACT
1. Paragraph 33(2)(a) of the Parliament of Canada Act is replaced by the following:
(a) holds an office for which a salary is provided in section 4.1 of the Salaries Act and receives that salary, or
2. Subsection 46(2) of the Act is replaced by the following:
Marginal note:Maximum number
(2) There shall not be appointed more Parliamentary Secretaries than the number of ministers who hold offices for which salaries are provided in section 4.1 of the Salaries Act.
3. The heading “Sessional Allowances” before section 55 of the Act is replaced by the following:
Sessional Allowances Before April 1, 2004
4. Section 56 of the Act is replaced by the following:
Sessional Allowances From April 1, 2004
Marginal note:Members of Parliament — fiscal year 2004-2005
55.1 (1) Despite section 55, the annual sessional allowance that shall be paid for the fiscal year commencing on April 1, 2004 to
(a) members of the Senate is $116,200; and
(b) members of the House of Commons is $141,200.
Marginal note:Subsequent fiscal years
(2) Despite section 55, the annual sessional allowance that shall be paid for each fiscal year subsequent to March 31, 2005 to
(a) members of the Senate is the sessional allowance calculated in accordance with paragraph (b) minus $25,000; and
(b) members of the House of Commons is the sessional allowance for the previous fiscal year plus the amount obtained by multiplying that sessional allowance by the index described in section 67.1 for the previous calendar year.
Marginal note:How allowance paid
56. The sessional allowances payable under section 55.1 shall be paid in monthly instalments on the last day of each month.
General Provisions Regarding Sessional Allowances
5. The heading before section 60 of the Act is replaced by the following:
Salaries and Additional Allowances of Members Before April 1, 2004
6. The Act is amended by adding the following after section 62:
Salaries and Additional Allowances of Members From April 1, 2004
Marginal note:Presiding officers — fiscal year 2004-2005
62.1 (1) Despite section 60, for the fiscal year commencing on April 1, 2004 there shall be paid to the following members of the Senate and the House of Commons the following annual salaries:
(a) the Speaker of the Senate, $49,600;
(b) the member of the Senate occupying the recognized position of Speaker pro tempore of the Senate, $20,600;
(c) the Speaker of the House of Commons, $67,800;
(d) the Deputy Speaker of the House of Commons, $35,300;
(e) the Deputy Chair of the Committee of the Whole House of Commons, $14,300;
(f) the Assistant Deputy Chair of the Committee of the Whole House of Commons, $14,300;
(g) the member — unless he or she receives a salary under the Salaries Act — occupying the position of Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, $10,100; and
(h) the member — unless he or she receives a salary under the Salaries Act — occupying the position of Vice-Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, $5,200.
Marginal note:Subsequent fiscal years
(2) Despite section 60, the annual salary that shall be paid for each fiscal year subsequent to March 31, 2005 to a member of the Senate or the House of Commons referred to in subsection (1) is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 67.1 for the previous calendar year.
Marginal note:Parliamentary Secretaries — fiscal year 2004-2005
62.2 (1) Despite section 61, for the fiscal year commencing on April 1, 2004 a Parliamentary Secretary shall be paid an annual salary of $14,300.
Marginal note:Subsequent fiscal years
(2) Despite section 61, the annual salary that shall be paid for each fiscal year subsequent to March 31, 2005 to a Parliamentary Secretary is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 67.1 for the previous calendar year.
Marginal note:Other members of Parliament — fiscal year 2004-2005
62.3 (1) Despite section 62, for the fiscal year commencing on April 1, 2004 there shall be paid to the following members of the Senate or the House of Commons the following additional annual allowances:
(a) the member of the Senate occupying the position of Leader of the Government in the Senate, unless the member is in receipt of a salary under the Salaries Act, $67,800;
(b) the member of the Senate occupying the position of Leader of the Opposition in the Senate, $32,400;
(c) the member of the Senate occupying the position of Deputy Leader of the Government in the Senate, $32,400;
(d) the member of the Senate occupying the position of Deputy Leader of the Opposition in the Senate, $20,600;
(e) the member of the Senate occupying the position of Government Whip in the Senate, $10,100;
(f) the member of the Senate occupying the position of Opposition Whip in the Senate, $6,100;
(f.1) the member of the Senate occupying the position of Deputy Government Whip in the Senate, $5,200;
(f.2) the member of the Senate occupying the position of Deputy Opposition Whip in the Senate, $3,100;
(f.3) the member of the Senate occupying the position of Chair of the Caucus of the Government in the Senate, $6,100;
(f.4) the member of the Senate occupying the position of Chair of the Caucus of the Opposition in the Senate, $5,200;
(g) the member occupying the position of Leader of the Opposition in the House of Commons, $67,800;
(h) each member of the House of Commons, other than the Prime Minister or the member occupying the position of Leader of the Opposition in the House of Commons, who is the leader of a party that has a recognized membership of twelve or more persons in the House, $48,300;
(i) each of the members occupying the positions of Chief Government Whip and Chief Opposition Whip in the House of Commons, $25,600;
(j) each of the members occupying the positions of Deputy Government Whip and Deputy Opposition Whip and the position of Whip of a party that has a recognized membership of twelve or more persons in the House of Commons, $10,100;
(j.1) the member occupying the position of Deputy Whip of a party that has a recognized membership of twelve or more persons in the House of Commons, $5,200;
(k) the member occupying the position of Opposition House Leader in the House of Commons, $35,300;
(k.1) the member occupying the position of Deputy House Leader of the Government in the House of Commons, unless the member is in receipt of a salary under the Salaries Act or section 62.2 of this Act, $14,300;
(k.2) the member occupying the position of Deputy House Leader of the Opposition in the House of Commons, $14,300;
(l) the member occupying the position of House Leader of a party that has a recognized membership of twelve or more persons in the House of Commons, $14,300;
(m) the member occupying the position of Deputy House Leader of a party that has a recognized membership of twelve or more persons in the House of Commons, $5,200;
(n) each of the members occupying the positions of Chair of the Caucus of the Government and Chair of the Caucus of the Opposition in the House of Commons, $10,100; and
(o) the member occupying the position of Chair of the Caucus of a party that has a recognized membership of twelve or more persons in the House of Commons, $5,200.
Marginal note:Subsequent fiscal years
(2) Despite section 62, the additional annual allowance that shall be paid for each fiscal year subsequent to March 31, 2005 to a member of the Senate or the House of Commons referred to in subsection (1) is the additional annual allowance for the previous fiscal year plus the amount obtained by multiplying that additional annual allowance by the index described in section 67.1 for the previous calendar year.
Marginal note:2003, c. 16, s. 11
7. Section 67 of the Act is replaced by the following:
Marginal note:Rounding of amounts
67. The salaries and allowances payable to members of the Senate and the House of Commons under sections 55.1 and 62.1 to 62.3 of this Act and section 4.1 of the Salaries Act shall be rounded down to the nearest hundred dollars.
Marginal note:Index
67.1 The index referred to in paragraph 55.1(2)(b) and subsections 62.1(2), 62.2(2) and 62.3(2) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Human Resources Development within three months after the end of that calendar year.
8. Section 69 of the Act is replaced by the following:
Marginal note:Payment after dissolution
69. 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.
Marginal note:2000, c. 27, s. 1(1); 2001, c. 20, s. 10(2)
9. Paragraphs 70(4)(a) and (b) of the Act are replaced by the following:
(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
Marginal note:2003, c. 16, s. 12
10. The portion of subsection 71.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Entitlement
71.1 (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
R.S., c. S-3SALARIES ACT
11. The heading before section 3 of the Salaries Act is replaced by the following:
SALARY OF LIEUTENANT GOVERNORS
12. The Act is amended by adding the following before section 4:
SALARIES OF MINISTERS BEFORE APRIL 1, 2004
13. The Act is amended by adding the following after section 4:
SALARIES OF MINISTERS FROM APRIL 1, 2004
Marginal note:Prime Minister — fiscal year 2004-2005
4.1 (1) Despite subsection 4(1), for the fiscal year commencing on April 1, 2004 the Prime Minister’s annual salary is $141,200.
Marginal note:Subsequent fiscal years
(2) Despite subsection 4(1), the Prime Minister’s annual salary for each fiscal year subsequent to March 31, 2005 is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 4.2 for the previous calendar year.
Marginal note:Ministers — fiscal year 2004-2005
(3) Despite subsection 4(2), for the fiscal year commencing on April 1, 2004 the annual salary of the following ministers, being members of the Queen’s Privy Council for Canada, is $67,800:
(a) the Minister of Justice and Attorney General;
(b) the Minister of National Defence;
(c) the Minister of National Revenue;
(d) the Minister of Finance;
(e) the Minister of Transport;
(f) the President of the Queen’s Privy Council for Canada;
(g) the Minister of Agriculture and Agri-Food;
(h) the Minister of Labour;
(i) the Minister of Veterans Affairs;
(j) the Associate Minister of National Defence;
(k) the Solicitor General of Canada;
(l) the Minister of Indian Affairs and Northern Development;
(m) the President of the Treasury Board;
(n) the Minister of the Environment;
(o) the Leader of the Government in the Senate;
(p) the Minister of Fisheries and Oceans;
(q) the Minister for International Trade;
(r) the Minister of International Cooperation;
(s) the Minister of Western Economic Diversification;
(t) the Member of the Queen’s Privy Council for Canada appointed by Commission under the Great Seal to be the Minister for the purposes of the Atlantic Canada Opportunities Agency Act;
(u) the Minister of Citizenship and Immigration;
(v) the Minister of Natural Resources;
(w) the Minister of Industry;
(x) the Minister of Foreign Affairs;
(y) the Minister of Public Works and Government Services;
(z) the Minister of Canadian Heritage;
(z.1) the Minister of Health;
(z.2) the Minister of Human Resources Development; and
(z.3) the Leader of the Government in the House of Commons.
Marginal note:Subsequent fiscal years
(4) Despite subsection 4(2), the annual salary that shall be paid for each fiscal year subsequent to March 31, 2005 to a minister referred to in subsection (3) is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 4.2 for the previous calendar year.
Marginal note:Ministers of State — fiscal year 2004-2005
(5) Despite subsection 4(3), for the fiscal year commencing on April 1, 2004 the annual salary of each minister of State, being a member of the Queen’s Privy Council for Canada, who presides over a ministry of State is $67,800.
Marginal note:Subsequent fiscal years
(6) Despite subsection 4(3), the annual salary of a minister of State referred to in subsection (5) for each fiscal year subsequent to March 31, 2005 is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 4.2 for the previous calendar year.
Marginal note:Index
4.2 The index referred to in subsections 4.1(2), (4) and (6) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Human Resources Development within three months after the end of that calendar year.
CONSEQUENTIAL AMENDMENTS
R.S., c. M-5Members of Parliament Retiring Allowances Act
Marginal note:1992, c. 46, s. 81; 2001, c. 20, s. 14(1)
14. (1) The definitions “annual allowance” and “salary” in subsection 2(1) of the Members of Parliament Retiring Allowances Act are replaced by the following:
“annual allowance”
« indemnité annuelle »
“annual allowance” means an annual allowance payable to a member pursuant to section 62 or 62.3 of the Parliament of Canada Act or payable to a member pursuant to an appropriation Act as Deputy Chairman or Assistant Deputy Chairman of a committee;
“salary”
« traitement »
“salary” means a salary payable to a member pursuant to section 4 or 4.1 of the Salaries Act or section 60, 61, 62.1 or 62.2 of the Parliament of Canada Act, or payable to a member pursuant to an appropriation Act as a minister of state or a minister without portfolio;
Marginal note:1992, c. 46, s. 81
(2) Paragraph (c) of the definition “sessional indemnity” in subsection 2(1) of the Act is replaced by the following:
(c) in relation to a period after July 7, 1974, the allowance payable to a member under section 55 or 55.1 of the Parliament of Canada Act;
1992, c. 30Referendum Act
15. Subsection 5(1) of the Referendum Act is replaced by the following:
Marginal note:Motion for approval of referendum question
5. (1) Subject to subsections (2) and (4), a member of the Queen’s Privy Council for Canada referred to in section 4.1 of the Salaries Act may, in accordance with the procedures of the House of Commons, give notice of a motion for the approval of the text of a referendum question.
COORDINATING AMENDMENTS
Marginal note:2004, c. 16
16. If section 13 of this Act comes into force before, or on the same day as, section 25 of the Amendments and Corrections Act, 2003 (the “other Act”), then, on the coming into force of that section 13, the portion of section 25 of the other Act before the heading “disability allowance and other benefits for former lieutenant governors” is replaced by the following:
25. The Salaries Act is amended by adding the following after section 4.2:
Marginal note:2003, c. 22
17. On the later of the coming into force of section 12 of the Public Service Modernization Act (the “other Act”) and the coming into force of section 13 of this Act, the definition “minister” in subsection 2(1) of the Public Service Employment Act, as enacted by section 12 of the other Act, is replaced by the following:
“minister”
« ministre »
“minister”, except in section 131, means any minister referred to in section 4.1 of the Salaries Act and any minister of State referred to in the Ministries and Ministers of State Act.
Marginal note:Bill C-6
18. (1) If Bill C-6, introduced in the 1st session of the 38th Parliament and entitled the Department of Public Safety and Emergency Preparedness Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 2 of the other Act and the coming into force of section 13 of this Act, paragraph 4.1(3)(k) of the Salaries Act, as enacted by section 13 of this Act, is replaced by the following:
(k) the Minister of Public Safety and Emergency Preparedness;
Marginal note:Bill C-6
(2) If section 13 of this Act comes into force before, or on the same day as, section 2 of the other Act, then, on the coming into force of that section 13, paragraph 34(1)(u) of the other Act is repealed.
Marginal note:Bill C-9
19. (1) If Bill C-9, introduced in the 1st session of the 38th Parliament and entitled the Economic Development Agency of Canada for the Regions of Quebec Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 2 of the other Act and the coming into force of section 13 of this Act, subsection 4.1(3) of the Salaries Act, as enacted by section 13 of this Act, is amended by adding the following after paragraph (t):
(t.1) the Minister of the Economic Development Agency of Canada for the Regions of Quebec;
Marginal note:Bill C-9
(2) If section 13 of this Act comes into force before, or on the same day as, section 2 of the other Act, then, on the coming into force of that section 13, section 26 of the other Act and the heading before it are repealed.
Marginal note:Bill C-22
20. (1) If Bill C-22, introduced in the 1st session of the 38th Parliament and entitled the Department of Social Development Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 2 of the other Act and the coming into force of section 13 of this Act, subsection 4.1(3) of the Salaries Act, as enacted by section 13 of this Act, is amended by striking out the word “and” at the end of paragraph (z.2) and by adding the following after paragraph (z.2):
(z.21) the Minister of Social Development; and
Marginal note:Bill C-22
(2) If section 13 of this Act comes into force before, or on the same day as, section 2 of the other Act, then, on the coming into force of that section 13, section 65 of the other Act and the heading before it are repealed.
Marginal note:Bill C-23
21. (1) If Bill C-23, introduced in the 1st session of the 38th Parliament and entitled the Department of Human Resources and Skills Development Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 2 of the other Act and the coming into force of section 13 of this Act, paragraph 4.1(3)(z.2) of the Salaries Act, as enacted by section 13 of this Act, is replaced by the following:
(z.2) the Minister of Human Resources and Skills Development; and
Marginal note:Bill C-23
(2) If section 13 of this Act comes into force before, or on the same day as, section 2 of the other Act, then, on the coming into force of that section 13, section 77 of the other Act and the heading before it are repealed.
Marginal note:Bill C-23
(3) If the other Act receives royal assent, then, on the later of the coming into force of section 2 of the other Act and the coming into force of sections 7 and 13 of this Act,
(a) section 67.1 of the Parliament of Canada Act, as enacted by section 7 of this Act, is replaced by the following:
Marginal note:Index
67.1 The index referred to in paragraph 55.1(2)(b) and subsections 62.1(2), 62.2(2) and 62.3(2) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Human Resources and Skills Development within three months after the end of that calendar year.
(b) section 4.2 of the Salaries Act, as enacted by section 13 of this Act, is replaced by the following:
Marginal note:Index
4.2 The index referred to in subsections 4.1(2), (4) and (6) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Human Resources and Skills Development within three months after the end of that calendar year.
COMING INTO FORCE
Marginal note:Coming into force
22. This Act, other than sections 16 to 21, is deemed to have come into force on April 1, 2004.
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