Parliament of Canada Act

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

  • (a) is 65 years of age or over; and

  • (b) is incapable, because of the disability, of performing the member’s duties.

• Marginal note:Adjustments

  (2) The disability allowance shall be adjusted to take into account changes in the annual salaries and allowances on which the disability allowance was based.

• Marginal note:Payment

  (3) The disability allowance shall be paid

  • (a) in the case of a member of the Senate, until the member revokes the election, attains 75 years of age or dies, whichever is the earliest; or

  • (b) in the case of a member of the House of Commons, until the member revokes the election or dies or the date of the next general election following the member’s resignation, whichever is the earliest.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations respecting disability allowances, including regulations respecting

  • (a) the determination of eligibility for disability allowances and medical examinations that are required;

  • (b) elections to receive disability allowances and the revocation of elections; and

  • (c) the administration and payment of disability allowances.

• Marginal note:Retroactive regulations

  (5) Regulations made under subsection (4) may, if they so provide, be retroactive.