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

Act current to 2019-08-28 and last amended on 2019-01-19. Previous Versions

PART IVRemuneration of Members of Parliament (continued)

Expenses (continued)

 [Repealed, 2001, c. 20, s. 6]

Marginal note:Statement of attendance

  •  (1) For each session of Parliament, at the end of each month and at the end of the session, every member of each House of Parliament shall furnish the Clerk of that House with a statement, signed by the member, of the number of days attendance during the month or session, as the case may be, and, in the case of the inclusion of days on which the member has failed to attend by reason of illness, setting out that fact and that the absence was due to that illness and was unavoidable.

  • Marginal note:Statement of travel and other expenses

    (2) Every member of each House of Parliament applying for an allowance for travel expenses shall furnish the Clerk of that House with a statement, signed by the member, of the actual moving or transportation expenses as provided for in subsection 63(1).

  • R.S., 1985, c. P-1, s. 65
  • 2001, c. 20, s. 7

Marginal note:Regulations respecting Parliamentary Secretary’s expenses

 The Governor in Council may make regulations providing for the payment to a Parliamentary Secretary of reasonable travel and other expenses

  • (a) incurred by, and in the discharge of the duties of, the Parliamentary Secretary during a session of Parliament while away from Ottawa; or

  • (b) incurred by the Parliamentary Secretary in the discharge of the duties, while away from the ordinary place of residence, of the Parliamentary Secretary during a period when Parliament is not in session.

  • R.S., c. P-1, s. 5

 [Repealed, 2001, c. 20, s. 8]

Adjustment of Salaries and Allowances

Marginal note:Rounding of amounts

 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.

  • R.S., 1985, c. P-1, s. 67
  • R.S., 1985, c. 38 (2nd Supp.), s. 2
  • 1991, c. 30, s. 24
  • 2001, c. 20, s. 9
  • 2003, c. 16, s. 11
  • 2005, c. 16, s. 7

Marginal note:Index

 The index referred to in paragraph 55.1(2)(b) and subsections 62.1(2), 62.2(2) and 62.3(2) and (4) 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 Employment and Social Development within three months after the end of that calendar year.

  • 2005, c. 16, ss. 7, 21
  • 2013, c. 40, s. 237
  • 2017, c. 15, s. 44

 [Repealed, 2001, c. 20, s. 9]

Allowances after Dissolution

Marginal note:Payment after dissolution

 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.

  • R.S., 1985, c. P-1, s. 69
  • 2005, c. 16, s. 8

Severance Allowance

Marginal note:Where member not re-elected

  •  (1) Subject to section 71, where a person who holds a seat in the House of Commons on the day of a dissolution of the House is, for any reason, not re-elected as a member thereof at the next following general election of members of the House, the person shall be paid a severance allowance in accordance with subsection (4).

  • Marginal note:Death or disability

    (2) Subject to subsection (2.1) and section 71, where a person who holds a seat in the House of Commons dies or ceases to be a member of the House by reason of any permanent illness or infirmity by which the person is, in the opinion of the Speaker of the House, disabled from performing the person’s duties as a member of the House, there shall be paid to or in respect of the person a severance allowance in accordance with subsection (4).

  • Marginal note:Exception

    (2.1) A severance allowance shall not be paid to or in respect of a person who is entitled to and elects to receive a disability allowance under section 71.1.

  • Marginal note:Notice of Speaker’s opinion

    (3) Notice of the opinion referred to in subsection (2) shall be given to members of the House of Commons by means of a statement made by the Speaker in the House.

  • Marginal note:Amount

    (4) Subject to subsections (4.1) and (5), the severance allowance to be paid to or in respect of a person under subsection (1) or (2) shall be a lump sum amount equal to fifty per cent of the aggregate of

    • (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

    to which the person was entitled immediately before ceasing to be a member of Parliament.

  • Marginal note:Amount

    (4.1) Subject to subsection (5), the severance allowance to be paid to or in respect of a person under subsection (1) or (2) who is under fifty-five years of age on the day on which the person ceases to be a member and to whom an allowance would be immediately payable under the Members of Parliament Retiring Allowances Act shall be the amount that would be the severance allowance determined under subsection (4) but for this subsection less an amount equal to the annual allowance immediately payable under that Act to the person.

  • Marginal note:Amount

    (5) The severance allowance to be paid to or in respect of a person under subsection (1) or (2) who is subject to the Members of Parliament Retiring Allowances Act who is fifty-four years of age immediately before ceasing to be a member of the House of Commons and who will be fifty-five years of age in less than six months is

    • (a) the severance allowance that would otherwise be payable under subsection (4)

    reduced by

    • (b) the amount determined by the formula

      A/B × C

      where

      A
      is the number of days between the beginning of the period mentioned in B and the day the person ceased to be a member of the House of Commons,
      B
      is the number of days in the six month period immediately before the person’s fifty-fifth birthday, and
      C
      is the severance allowance that would otherwise be payable under subsection (4).
  • Marginal note:Supplementary severance allowance

    (6) Subject to subsection (8), a person who was entitled to elect under subsection 10(1.1) and 32(1.1) of the Members of Parliament Retiring Allowances Act and who did not elect shall be paid a supplementary severance allowance in the form of a lump sum equal to

    • (a) in the case of a person to whom an allowance would not be payable under the Members of Parliament Retiring Allowances Act, one twelfth of the sessional allowance under section 55 and any salary or allowance under section 60, 61 or 62 of this Act or section 4 of the Salaries Act to which the person was entitled immediately before ceasing to be a member, for every year the member was a member, to a maximum of twelve years; and

    • (b) in the case of a person to whom an allowance would be payable under the Members of Parliament Retiring Allowances Act, one twelfth of the sessional allowance under section 55 and any salary or allowance under section 60, 61 or 62 of this Act or section 4 of the Salaries Act to which the person was entitled immediately before ceasing to be a member, for every year the member was a member in the period referred to in subsections 10(1.1) and 32(1.1) of the Members of Parliament Retiring Allowances Act.

  • (7) [Repealed, 2000, c. 27, s. 1]

  • Marginal note:Persons under fifty-five years of age

    (8) A person who is under fifty-five years of age on the day the person ceases to be a member is entitled to the supplementary severance allowance only if the person has been a member for at least six years.

  • Marginal note:Payment deferred

    (9) Payment of a supplementary severance allowance to a person referred to in subsection (8) who is entitled to it shall be deferred until the person reaches the age of fifty-five, except that if the person dies after becoming entitled to the supplementary severance allowance, it shall be payable immediately. Interest shall accrue on the amount of the supplementary severance allowance from the time the person becomes entitled to it to the time it is paid.

  • Marginal note:Member for a year

    (10) For the purposes of subsections (6) and (8), a member is deemed to have been a member for a year if the member was a member for six months or more in any twelve month period.

  • R.S., 1985, c. P-1, s. 70
  • 1998, c. 23, s. 6
  • 2000, c. 27, s. 1
  • 2001, c. 20, s. 10
  • 2005, c. 16, s. 9
 
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