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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

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

 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

 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.

 The heading “Sessional Allowances” before section 55 of the Act is replaced by the following:

Sessional Allowances Before April 1, 2004

 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

 The heading before section 60 of the Act is replaced by the following:

Salaries and Additional Allowances of Members Before April 1, 2004

 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

 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.

 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)

 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

 

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