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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

R.S., c. P-1PARLIAMENT OF CANADA 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.

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