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SNL2007 CHAPTER H-10.1

HOUSE OF ASSEMBLY ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT

Amended:

2008 c26; 2008 c58; 2009 c42; 2010 c31 s9

CHAPTER H-10.1

AN ACT RESPECTING THE EFFECTIVE ADMINISTRATION OF THE HOUSE OF ASSEMBLY, THE STANDARDS OF CONDUCT OF ELECTED MEMBERS, AND THEIR ETHICAL AND ACCOUNTABLE BEHAVIOUR

(Assented to June 14, 2007 )

Analysis


       
1.   Short title

       
2.   Definitions

       
3.   Purpose

              PART I
HOUSE OF ASSEMBLY

       
4.   Composition of House of Assembly

       
5.   Oath or affirmation of member

       
6.   Speaker term of office

       
7.   House officers

       
8.   Oath of clerk

       
9.   Oath of clerk assistant

     
10.   Inability of clerk to act

              PART II
PAYMENTS TO MEMBERS

     
11.   Salaries, expenses, severance and pensions

     
12.   Other remuneration

     
13.   Time at duties

     
14.   Commencement and termination dates

     
15.   Adjustments to salaries, expenses and severance

   
15.1   Automobile use reimbursement

     
16.   Inquiry re: salaries

     
17.   Payment from CRF

              PART III
HOUSE OF ASSEMBLY MANAGEMENT COMMISSION

     
18.   House of Assembly Management Commission

     
19.   Proceedings of the commission

     
20.   Duties and responsibilities of commission

     
21.   Individual duties of commission members

     
22.   Orientation and training

     
23.   Audit committee

     
24.   Advance rulings on allowance use

              PART IV
HOUSE OF ASSEMBLY OPERATIONS

     
25.   House of Assembly service

     
26.   Estimates

     
27.   Payment

     
28.   Clerk

     
29.   Financial administration of allowances and expenses

     
30.   General duties of clerk

     
31.   Clerk to account to Public Accounts Committee

     
32.   Subordinate offices

     
33.   Reporting of proceedings

     
34.   Suspension of employees

              PART V
ETHICS AND ACCOUNTABILITY

     
35.   Codes of conduct

     
36.   Request for opinion

     
37.   Inquiry

     
38.   Report

     
39.   Penalties

     
40.   Concurrence of House of Assembly

     
41.   Suit for compensation allowed

     
42.   Examination of member

     
43.   Audit

     
44.   Access to books

     
45.   Improper retention of public money

     
46.   Financial Administration Act

     
47.   Public Accounts Committee

     
48.   Application of Acts

     
49.   Further duties of commission

     
50.   Manual

     
51.   Annual report of speaker

     
52.   Review of allowance use

     
53.   Enforcement of Duties

              PART VI
PUBLIC INTEREST DISCLOSURE

     
54.   Interpretation

     
55.   Disclosure of wrongdoing

     
56.   Confidentiality of Identity

     
57.   Referral for investigation

     
58.   Investigation

     
59.   No reprisal

     
60.   Misleading statements and obstruction

     
61.   Offence

     
62.   Legal advice

     
63.   Limitations on civil remedies

              PART VII
RULES

     
64.   Rules

              PART VIII
MISCELLANEOUS, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

     
65.   Construing of Act

     
66.   Offence

     
67.   SNL2002 cA-1.1 Amdt.

     
68.   RSNL1990 cH-10 Amdt.

     
69.   RSNL1990 cS-27 Amdt.

     
70.   General Amdt.

     
71.   Repeal

     
72.   Transitional

     
73.   Commencement


Schedule



Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the House of Assembly Accountability, Integrity and Administration Act .

2007 cH-10.1 s1

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Definitions

        2. In this Act

             (a)  "audit" means an examination of the accounts of public money and other records relating to the House of Assembly, statutory offices and a member that may be conducted by an auditor under this Act or another law of the province;

             (b)  "audit committee" means the audit committee established under section 23 ;

             (c)  "auditor general" means the auditor general as defined in the Auditor General Act ;

             (d)  "caucus " means a group of 2 or more members who belong to the same registered political party;

             (e)  "clerk " means the Clerk of the House of Assembly;

              (f)  "commission ", unless the context indicates otherwise, means the House of Assembly Management Commission continued under section 18 ;

             (g)  "commissioner ", unless the context indicates otherwise, means the Commissioner for Legislative Standards appointed under the House of Assembly Act ;

             (h)  "compliance audit" means an audit referred to in subsection 43 (9);

              (i)  "financial audit" means an audit referred to in subsection 43 (6);

              (j)  "fiscal year" means fiscal year as defined in the Financial Administration Act ;

             (k)  "House of Assembly service" means the House of Assembly Service referred to in section 25 ;

              (l)  "manual " means a manual referred to in section 50 ;

            (m)  "member ", unless the context indicates otherwise, means a member of the House of Assembly;

             (n)  "minister " means a minister appointed under the Executive Council Act ;

             (o)  "registered political party" means an organization formed for the purpose of contesting an election of members to the House of Assembly and which is registered in the register of political parties under section 278 of the Elections Act, 1991 ;

             (p)  "rules " means rules made by the commission under this Act;

             (q)  "speaker " means the Speaker of the House of Assembly;

              (r)  "statutory office" means the office and administrative staff directly serving the

                      (i)  Chief Electoral Officer,

                     (ii)  Commissioner for Legislative Standards,

                    (iii)  Child and Youth Advocate,

                    (iv)  Information and Privacy Commissioner,

                     (v)  Citizens' Representative, and

                    (vi)  other offices of the House of Assembly, with the exception of the office of the Auditor General, that may be established under an Act; and

             (s)  "third party" means the second largest party sitting in the House of Assembly in opposition to the government.

2007 cH-10.1 s2; 2008 c58 s1; 2010 c31 s9

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Purpose

        3. The purpose of this Act is to

             (a)  establish an administrative framework for the House of Assembly that is transparent and accountable;

             (b)  place responsibility with individual members to conduct their public and private affairs so as to promote public confidence in the integrity of each member, while maintaining the dignity and independence of the House of Assembly;

             (c)  promote the equitable treatment of each member of the House of Assembly;

             (d)  establish clear rules with respect to salary, allowances and resources for members and to provide for mandatory review of them at regular intervals;

             (e)  provide for clear and timely disclosure in relation to operations of the House of Assembly and statutory offices, including members' salaries, pensions, allowances, resources and severance payments, that is consistent with the public interest;

              (f)  create an environment for members in which full-time devotion to one's duties is encouraged; and

             (g)  establish standards of conduct for members and for those charged with responsibility for the administration of operations of the House of Assembly service and the statutory offices.

2007 cH-10.1 s3; 2008 c58 s2

PART I
HOUSE OF ASSEMBLY

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Composition of House of Assembly

        4. The House of Assembly consists of those persons elected in accordance with the Elections Act, 1991 as members to represent the districts set out in section 5 of the House of Assembly Act .

2007 cH-10.1 s4

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Oath or affirmation of member

        5. Before being permitted to take his or her place and vote in the House of Assembly, a member shall take and subscribe before the Lieutenant-Governor or a person designated by the Lieutenant-Governor an oath of allegiance in the following form:

I, __________, do swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors according to law (in the case where the oath is taken, add "So help me God").

and also an oath of office in the following form:

I, __________, do swear (or affirm) that

             (a)  I am fully qualified to hold the office of Member for the District of __________ to which I have been elected;

             (b)  I have not knowingly contravened the Elections Act, 1991 respecting any matter in relation to my election;

             (c)  I will faithfully, to the best of my ability, perform the duties and responsibilities of my office and will not allow any direct or indirect monetary or other personal or private interest to influence my conduct or affect my duties in public matters; and

             (d)  I affirm, ascribe to and agree to follow the Code of Conduct of Members adopted by the House of Assembly (in the case where the oath is taken, add "So help me God").

2007 cH-10.1 s5

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Speaker term of office

        6. For the purpose of this Act, the speaker in office immediately before the dissolution of the House of Assembly is considered to be speaker until a new speaker is chosen by the House of Assembly.

2007 cH-10.1 s6; 2008 c58 s3

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House officers

        7. (1)  Upon nomination by the House of Assembly, the Lieutenant-Governor in Council shall, by Commission under the Great Seal, appoint the following officers:

             (a)  the Clerk of the House of Assembly;

             (b)  the Clerk Assistant of the House of Assembly;

             (c)  the Law Clerk; and

             (d)  the Sergeant-at-Arms of the House of Assembly.

             (2)  Before a nomination is made under subsection (1), the speaker shall consult with the commission, the Clerk of the Executive Council and the chairperson of the Public Service Commission to determine an appropriate process for recruitment of suitable candidates for appointment.

2007 cH-10.1 s7

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Oath of clerk

        8. (1)  The clerk shall, when appointed, take

             (a)  the oath of allegiance provided by the Oaths of Office Act; and

             (b)  the oath of office as provided in subsection (2) before the speaker.

             (2)  The oath of office of the clerk shall be as follows:

I, __________, swear [affirm] that I will well and truly serve Her Majesty the Queen in, and will diligently, faithfully and impartially discharge the duties of, the office of Clerk of the House of Assembly and I will make true entries, memoranda and journals of the things done and passed in the Assembly.   I will faithfully manage and supervise the financial management and administration of the House of Assembly service (in the case where an oath is taken add "So help me God").

2007 cH-10.1 s8

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Oath of clerk assistant

        9. (1)  The clerk assistant shall, when appointed, take

             (a)  the oath of allegiance provided by the Oaths of Office Act ; and

             (b)  the oath of office as provided in subsection (2) before the speaker.

             (2)  The oath of office of the clerk assistant shall be as follows:

I, __________, swear [affirm] that I will diligently, faithfully and impartially discharge the duties of clerk assistant to the House of Assembly, to the best of my knowledge and ability (in the case where an oath is taken add "So help me God") .

2007 cH-10.1 s9

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Inability of clerk to act

      10. Whenever the clerk is absent or unable to act, or the office of clerk is vacant,

             (a)  the clerk assistant shall perform the duties of the clerk as procedural advisor; and

             (b)  the chief financial officer shall perform the duties of the clerk as accounting officer.

2007 cH-10.1 s10

PART II
PAYMENTS TO MEMBERS

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Salaries, expenses, severance and pensions

      11. (1) A member is entitled to be paid an annual salary of $95,357 payable in 26 equal instalments, in arrears.

             (2)  A member is entitled, subject to those conditions and limitations that may be prescribed by rules of the commission, to be reimbursed or have payment made on his or her behalf for reasonable and legitimate expenses incurred by the member in carrying out his or her duties as a member.

             (3)  Upon ceasing to be a member, the member is entitled to

             (a)  a severance allowance, upon the conditions, in amounts and in accordance with the formula that may be determined by a directive of the commission; and

             (b)  a pension determined in accordance with the Members of the House of Assembly Retiring Allowances Act.

             (4)  Where prescribing the types and amounts of expenses to which a member may be entitled under subsection (2), the commission may, by rules,

             (a)  make distinctions between constituencies with respect to the amounts and manner of entitlement of members, taking into account geographic, social and economic differences; and

             (b)  prescribe a maximum daily amount for meals and a basic amount per kilometre to be paid to a member in place of providing for reimbursement of actual expenses for food and vehicle travel.

2007 cH-10.1 s11; 2008 c58 s4; 2009 c42 s1

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Other remuneration

      12. (1) A member who also holds one of the following positions shall be paid an additional salary as follows:

             (a )  speaker, $54,072;

             (b)  deputy speaker and chair of committees, $27,033;

             (c)  deputy chair of committees, $13,517;

             (d)  leader of the opposition, $54,072;

             (e)  opposition house leader, $27,033;

              (f)  deputy opposition house leader, $18,457;

             (g)  leader of a third party, $18,918;

             (h)  party whip, $13,517;

              (i )  caucus chairperson, $13,517;

              (j)  chairperson , public accounts committee, $13,517; and

             (k)  vice chairperson, public accounts committee, $10,333.

             (2)  The salaries referred to in subsection (1) shall be payable in 26 equal installments, in arrears.

             (3)  A member who sits on a committee of the House of Assembly, the commission or a committee of the commission may be paid, subject to the conditions and limitations prescribed by the commission, a daily amount of not more than $200 for attendance at meetings plus reimbursement of reasonable expenses in relation to that attendance when the House is not in session.

             (4)  With the exception of the reimbursement of expenses, subsection (3) does not apply to a minister or the holder of a position referred to in subsection (1).

             (5)  Where a member who holds a position referred to in paragraph (1)(a), (b), or (c) is, due to illness or disability, absent and unable to carry out the duties of his or her position for a period of more than 10 consecutive sitting days of the House of Assembly,

             (a)  a member referred to in paragraph (1)(b) or (c) who carries out the duties of a member referred to in paragraph (1)(a) or (b); or

             (b)  another member appointed to carry out the duties of a member referred to in paragraph (1)(c),

is , after the expiration of those 10 days, and until the return to duties of the absent member or the appointment of a new member to the absent member's position, entitled to a salary referred to in subsection (1) for the position he or she replaces, without affecting the salary of the absent member.

2007 cH-10.1 s12; 2008 c26 s1; 2008 c58 s5; 2009 c42 s2

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Time at duties

      13. (1)  On a day when the House of Assembly is sitting, a member shall attend that sitting.

             (2)  A deduction shall be made from the salary payable to a member under subsection 11 (1) in the amount of $200 for each day on which the member is absent from a sitting of the House of Assembly for a reason other than one set out in subsection (3).

             (3)  Where a member is absent from a sitting of the House of Assembly because of

             (a)  the sickness of the member;

          (a.1)  adoption, pregnancy or parental leave as established by directive;

             (b)  a serious illness related to the member's family;

             (c)  bereavement ;

             (d)  attendance at a meeting of a committee of the House of Assembly, the commission or a committee of the commission;

             (e)  a ttendance to duties as a member of a caucus or attendance to constituency business, where the member remains within the precincts of the House of Assembly as determined under section 19.2 of the House of Assembly Act;

              (f)  attendance to ministerial duties, where that member is a minister; or

             (g)  other circumstances that may be approved by the speaker,

a deduction shall not be made under subsection (2).

          (3.1)  Notwithstanding paragraph (3)( e), the speaker may, under paragraph (3)(g), approve the absence of a member to attend to constituency duties within his or her constituency where the speaker is of the opinion that the absence is necessary and in accordance with directives of the commission.

             (4)  Subsection (2) does not apply to the Premier, the leader of the official opposition and the leader of a third party.

             (5)  Before February 1 in a year, a member shall file with the clerk a declaration under oath or affirmation of his or her attendance while the House of Assembly was sitting in the previous year together with the dates of absences and an explanation for those absences.

             (6)  Where a member fails to file the declaration required by subsection (5) or files a declaration disclosing that a deduction is required under subsection (2), the clerk shall

             (a)  in the case of failure to file the declaration, withhold payment to the member of the member's salary; or

             (b)  in the case where a deduction is warranted, withhold from the member's salary or adjust payments to or claim a refund from the member with respect to the appropriate amount required to be deducted under subsection (2).

             (7)  When the House of Assembly is not sitting, a member shall devote his or her time primarily to the discharge of his or her duties and responsibilities as a member, while making allowance for

             (a)  reasonable personal and family commitments;

             (b)  the need for reasonable rest and vacation time;

             (c)  ministerial duties, if the member is appointed as a minister; and

             (d)  parliamentary secretary's or assistant's duties, if the member is appointed as a parliamentary secretary or an assistant.

             (8)  Nothing in this Act prevents a member who is not appointed as a minister from

             (a)  engaging in employment or the practice of a profession; or

             (b)  carrying on a business,

so long as the member, notwithstanding the activity, is able to fulfill, and is fulfilling his or her obligations as a member under subsections (1) and (7).

             (9)  Where the speaker becomes aware of circumstances that indicate that, by virtue of engaging in activity referred to in subsection (8) or for some other cause, a member may not be discharging his or her primary obligations under subsection (7), the speaker shall refer the matter to the appropriate committee of the House of Assembly for investigation and report.

2007 cH-10.1 s13; 2008 c58 s6

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Commencement and termination dates

      14. (1)  For the purpose of entitlement to the payments provided for in subsections 11 (1), (2) and (4), a person is a member from the date of his or her election until his or her seat is vacated or until the day immediately before the date of the next following election, whichever first occurs.

             (2)  Notwithstanding subsection (1), a member shall not claim reimbursement of expenses under subsection 11(2) from the date an election is called until the date of his or her reelection as a member.

2007 cH-10.1 s14; 2008 c58 s7

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Adjustments to salaries, expenses and severance

      15. (1) An adjustment to salaries under subsections 11 (1) and 12 (1) shall not be made and an additional non-accountable allowance shall not be created or provided for except

             (a)  in response to a recommendation of a members' compensation review committee constituted under section 16 ; and

             (b)  by introduction of an amending Bill in the House of Assembly with votes on first, second and third readings being taken on separate days.

             (2)  The salary of a member under subsection 11(1) and the salaries for positions referred to in subsection 12(1) shall not be adjusted except in accordance with recommendations of the first members compensation review committee appointed after December 31, 2009 .

             (3)  The appropriateness and the manner of providing for periodic increases for members’ salaries during the period between the appointments of subsequent members compensation review committees shall be dealt with by those committees.

             (4)  The commission may only exercise its power to prescribe reimbursement or payment of expenses under subsection 11 (2) or compensation or reimbursement or payment of expenses under subsection 12 (3) by making rules.

             (5)  Where the commission proposes to amend or add to the levels of or provisions respecting reimbursement or payment of expenses of members, it shall follow the following procedure:

             (a)  a draft containing the amendment shall be prepared and tabled at a meeting of the commission;

             (b)  notice of the tabling of the draft rule shall be given by the speaker to and read at the House of Assembly if it is in session, or given to every member if it is not in session, and in any case shall be posted on the website maintained by the House of Assembly; and

             (c)  the draft rule shall not be voted on except at a subsequent meeting of the commission.

2007 cH-10.1 s15; 2009 c42 s3

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Automobile use reimbursement

   15.1 (1) Notwithstanding subsection 15(1), the commission may make rules and directives to entitle the speaker, leader of the opposition and leader of a third party to be paid an allowance or expense amount for automobile use related to duties and obligations of their offices upon terms and conditions that the commission may establish.

             (2)  Notwithstanding subsection 15(1) and subsection (1), an automobile use allowance and expense regime approved by the commission on January 23, 2008 and on April 11, 2008 applicable to the speaker, leader of the opposition and leader of a third party that is related to the obligations and duties of those offices shall be considered to have been validly made, and allowances and expenses paid in accordance with those decisions shall be considered to have been validly paid.

             (3)  Notwithstanding subsection (2), commencing on April 1, 2009 , where the speaker, leader of the opposition and leader of a third party receives an automobile use allowance related to the duties of his or her office, he or she is not entitled to be reimbursed mileage expenses for automobile travel related to constituency business or to duties and obligations of the offices of the speaker, leader of the opposition and leader of a third party.

             (4)  Subsection (1) shall be considered to have come into force on June 14, 2007 .

2009 c42 s4

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Inquiry re: salaries

      16. (1) Beginning with the Forty-Sixth General Assembly, t he House of Assembly shall, at least once during each General Assembly, by resolution appoint, upon those terms and conditions that are set out in the resolution, an independent committee, to be called a members' compensation review committee, of not more than 3 persons, none of whom shall be a member, to conduct an inquiry and prepare a report respecting the salaries, allowances, severance payments and pensions to be paid to members.

          (1.1)  The members compensation review committee first appointed under subsection (1) during the Forty-Seventh General Assembly shall be appointed not more than 6 months after the election of members to that General Assembly.

             (2)  Before the appointments are made under subsection (1), the speaker shall consult with the government house leader, the opposition house leader and the leader of a third party having one or more members in the House and report the results of those consultations to the House.

             (3)  The persons appointed under subsection (1) shall have and may exercise all the powers, privileges and immunities of persons appointed as commissioners under the Public Inquiries Act, 2006 .

             (4)  The persons appointed under subsection (1) shall complete their inquiry and deliver their report containing recommendations to the speaker within 120 days of the committee's appointment.

             (5)  The speaker, upon receipt of the report containing the recommendations of the members' compensation review committee, shall refer the recommendations to the commission as soon as possible and the commission, after consideration of the recommendations, shall accept or modify them and

             (a)  submit the recommendations, as accepted or modified, relating to salaries and non-taxable allowances and other matters that may be necessary to be implemented by legislation, to the Minister of Finance or Justice, or other appropriate minister, for the preparation of a Bill to amend this Act or another Act accordingly; and

             (b)  place the remaining recommendations, as accepted or modified, on the agenda of a subsequent meeting of the commission, for the adoption of appropriate rules implementing those recommendations.

             (6)  A modification of the recommendations of a members' compensation review committee which may be made by the commission with respect to salaries, non-taxable allowances or other amounts for which a member may be entitled to claim reimbursement or payment on his or her behalf for reasonable and legitimate expenses, shall not exceed the maximums recommended by the committee in that regard.

             (7)  A members' compensation review committee shall make itself available for consultation with the commission for 6 months after delivering its report to the speaker.

2007 cH-10.1 s16; 2009 c42 s5

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Payment from CRF

      17. All salaries, allowances and expenses payable under this Act shall be paid out of the Consolidated Revenue Fund.

2007 cH-10.1 s17

PART III
HOUSE OF ASSEMBLY MANAGEMENT COMMISSION

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House of Assembly Management Commission

      18. (1)  The Commission of Internal Economy of the House of Assembly established under the Internal Economy Commission Act is continued under the name of the House of Assembly Management Commission.

             (2)  The speaker, or in his or her absence, the deputy speaker, shall preside over the commission and when presiding, shall vote in the case of a tie .

             (3)  The commission shall consist of

             (a)  the speaker, or, in his or her absence, the deputy speaker, who shall be the chairperson;

             (b)  the clerk, who shall be the secretary and shall not vote;

             (c)  the government house leader;

             (d)  the official opposition house leader;

             (e)  2 members who are members of the government caucus, only one of whom may be a member of the Executive Council;

              (f)  one member who is a member of the official opposition caucus; and

             (g)  one member, if any, from a third party that is a registered political party and has at least one member elected to the House of Assembly.

             (4)  Where there is no third party, the member chosen for the purposes of paragraph (3)( g) shall be an additional member from the official opposition caucus.

             (5)  A member of the commission shall not also serve concurrently as a member of the Public Accounts Committee of the House of Assembly.

          (5.1)  Notwithstanding subsection (5), where the number of members sitting in the House of Assembly in opposition to the government is insufficient to allow the appointment of 3 of those members to the Public Accounts Committee and still comply with that subsection, a member of the commission may serve concurrently as a member of the commission and a member of the Public Accounts Committee of the House of Assembly.

             (6)  The deputy speaker, when not acting in the place of the speaker, may nevertheless attend meetings of the commission in a non-voting capacity.

             (7)  Members referred to in paragraphs (3)(e) to (g) and subsection (4) shall be chosen by their respective caucuses except that the member of the Executive Council referred to in paragraph (e) shall be appointed by the Lieutenant-Governor in Council.

             (8)  A quorum of the commission shall be 50% of its members, but

             (a)  one member representing the government;

             (b)  one member representing a party in opposition to the government; and

             (c)  the speaker or the deputy speaker

shall be present during a meeting of the commission.

             (9)  In the second week of every session of the House of Assembly and as the need arises, the speaker shall inform the House of Assembly of the appointments made to the commission.

           (10)  In the absence of the clerk, the clerk assistant shall be the secretary to the commission.

           (11)  Upon the dissolution of the House of Assembly, the commission members shall, until the members of the commission are replaced, be considered to remain in office as commission members as if there had been no dissolution.

2007 cH-10.1 s18; 2008 c26 s2; 2008 c58 s8

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Proceedings of the commission

      19. (1)  All proceedings of the commission excepting

             (a)  personnel matters relating to officers and employees of the House of Assembly, political staff as defined in paragraph 2(1)(e) of the Conflict of Interest Act, 1995 and statutory offices;

             (b)  legal matters, including actual or potential litigation;

             (c)  matters protected by privacy and data protection laws; and

             (d)  budget deliberations involving the preparation of the annual estimates of expenditure of the House of Assembly and the statutory offices

shall be open to the public.

             (2)  Where a matter referred to in subsection (1) is raised, the speaker shall clear the public from the place of the meeting and the commission shall proceed to discuss the matter in private.

             (3)  T he commission shall adopt rules with respect to the circulation and preparation of agendas and briefing material to members of the commission and for the orderly conduct of business of the commission.

             (4)  The substance of all decisions of the commission, including the decisions made following debate on matters in private referred to in subsection (1) shall be recorded and shall form a part of the public record.

             (5)  A copy of the minutes containing the substance of all decisions of the commission made at each meeting shall, following approval by the commission at its next meeting, be

             (a)  tabled in the House of Assembly by the speaker no later than 5 days after that approval if the House of Assembly is sitting or, if it is not sitting, then not later than 5 days after it next sits;

             (b)  provided by the clerk to each member within 15 days of their approval by the commission; and

             (c)  placed by the clerk on a website maintained for the House of Assembly for inspection by the public.

             (6)  All public meetings of the commission may be electronically accessed by the media in accordance with the methods and equipment existing in the House of Assembly.

             (7)  Recordings of the proceedings of the commission shall be made and transcribed by the Hansard office and the broadcast centre of the House of Assembly, in the same manner as are proceedings of the House of Assembly .

2007 cH-10.1 s19

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Duties and responsibilities of commission

      20. (1)  The commission is responsible for the financial stewardship of all public money, within the meaning of the Financial Administration Act , that may be voted by the House of Assembly for the use and operation of the House of Assembly and statutory offices, and for all matters of financial and administrative policy affecting the House of Assembly, its members, offices and staff and in connection with them and, in particular, the commission shall

             (a)  oversee the finances of the House of Assembly including its budget, revenues, expenses, assets and liabilities;

             (b)  review and approve the administrative, financial and human resource and management policies of the House of Assembly service and statutory offices;

             (c)  implement and periodically review and update financial and management policies applicable to the House of Assembly service and statutory offices;

             (d)  give directions with respect to matters that the commission considers necessary for the efficient and effective operation of the House of Assembly service and statutory offices;

             (e)  make and keep current rules respecting the proper administration of allowances for members and reimbursement and payment of their expenditures in implementation of subsection 11 (2) of this Act;

              (f)  annually report, in writing, to the House of Assembly, through the speaker, with respect to its decisions and activities in accordance with section 51 ; and

             (g)  exercise other powers given to the commission and to perform other duties imposed on the commission under this or another Act.

             (2)  The commission may at any time report to the House of Assembly on matters referred to in this section or in another Act relating to the House of Assembly.

             (3)  Notwithstanding paragraph (1)(c), where a financial or management policy has not been established by the commission for the House of Assembly and statutory offices, the financial and management policies of the government shall apply.

             (4)  The commission may, by directive, delegate a power or duty to the speaker or the clerk and, where that delegation is made,

             (a)  the commission shall establish outcome measurements and accountability recording of measurements that enable that proper oversight and recording be maintained;

             (b)  the exercise of that power or the performance of that duty shall be considered to have been carried out by the commission; and

             (c)  the commission shall remain accountable for decisions as if it had made them.

             (5)  In carrying out its duties under subsection (1), the commission shall

             (a)  regularly , and at least quarterly, review the financial performance of the House of Assembly as well as the actual expenditures of members compared with approved allocations;

             (b)  ensure that an annual financial audit is completed of the accounts of the House of Assembly and the statutory offices in accordance with section 43 before September 1 immediately following the fiscal year to which that audit relates ;

             (c)  ensure that a compliance audit is completed of the accounts of the House of Assembly and the statutory offices in accordance with section 43 at least once every General Assembly and reported on before September 1 immediately following the last fiscal year to which that audit relates;

             (d)  ensure that full and plain disclosure of the accounts and operations of the House of Assembly and statutory offices is made to the auditor appointed under section 43 ;

             (e)  consider and address on a timely basis recommendations of the auditor appointed under section 43 ; and

              (f)  report , in writing, annually to the House of Assembly, or a committee established by it, the results of an audit and the steps taken or to be taken to address matters of concern raised by an audit.

             (6)  In carrying out its duties, the commission may

             (a)  make rules of general application respecting

                      (i)  the amounts which members may claim for reimbursement or payment for reasonable and legitimate expenses under subsection 11 (4) and the manner in which those allowances shall be calculated, claimed, substantiated and paid,

                     (ii)  the engagement by a member and the amount and method of payment and other terms of engagement of constituency assistants and the reimbursement of reasonable expenses incurred by those assistants in carrying out their duties,

                    (iii)  subject to the requirements of the Financial Administration Act , the form of documentation required to make a claim under this Act,

                    (iv)  the financial accountability of members,

                     (v)  the duties and responsibilities of the clerk with respect to the financial administration of the House of Assembly and the statutory offices, and

                    (vi)  those other matters that may be necessary to give effect to the purpose of this Act;

             (b)  issue directives

                      (i)  interpreting , clarifying or amplifying the rules,

                     (ii)  establishing policies for the guidance of members, the clerk and staff of the House of Assembly service and statutory offices,

                    (iii)  in accordance with this Act and rules calling for the issuing of directives, and

                    (iv)  altering , on appeal, rulings of the speaker as to the application of the rules to particular cases where advance rulings have been sought under section 24 ; and

             (c)  make decisions

                      (i)  on individual cases or appeals brought to the commission for decision, and

                     (ii)  on all other matters that call for action or decision of the commission in relation to the House of Assembly.

             (7)  A change shall not be made to the level of amounts of allowances and resources provided to members except in accordance with a rule and, notwithstanding section 64 , that rule shall not be effective unless first laid before the House of Assembly and a resolution adopting it has been passed.

             (8)  A directive issued or decision made by the commission

             (a )  is effective on the date specified in that directive or decision; and

             (b)  shall not be issued or made if it is inconsistent with this Act or the rules.

2007 cH-10.1 s20; 2008 c58 s9

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Individual duties of commission members

      21. (1)  A member of the commission, in exercising his or her powers and discharging his or her duties, shall exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.

             (2)  A member of the commission shall not be considered to be in breach of the duty in subsection (1) if he or she acts prudently and on a reasonably informed basis.

             (3)  A member of the commission shall act honestly and in good faith on the basis of adequate information in arriving at decisions of the commission, and shall

             (a)  attend meetings of the commission unless unable to do so for good reason;

             (b)  spend sufficient time on the affairs of the commission to comply with his or her duties and responsibilities; and

             (c)  consider and advocate policies that promote compliance with this Act and rules.

2007 cH-10.1 s21

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Orientation and training

      22. (1)  The speaker, assisted by the clerk, shall develop and offer appropriate orientation and training programs for

             (a)  members ;

             (b)  members of the commission; and

             (c)  officers and staff of the House of Assembly service and statutory offices,

to assist them in understanding their respective duties and responsibilities and, in particular, in applying and complying with rules and directives of the commission relating to claims for allowances and expenses and policies and procedures respecting financial management.

             (2)  Within 30 days of a member's election for the first time to the House of Assembly, the speaker shall ensure that an appropriate orientation program is given to the member respecting

             (a)  the types of services offered to members by the House of Assembly service and how those services may be accessed;

             (b)  the proper procedures to be followed in making claims for reimbursement or payment for proper expenses incurred by the member in carrying out his or her duties;

             (c)  recommendations for proper systems to be employed in operating a constituency office and employing a constituency assistant; and

             (d)  other matters that the speaker considers appropriate to assist the member in carrying out his or her duties.

             (3)  Within 30 days of a member's election for the first time to the House of Assembly, the speaker shall ensure the delivery of the following to the member:

             (a)  this Act;

             (b)  the rules;

             (c)  directives of the commission pertaining to members;

             (d)  written policies of the House of Assembly service that may affect the member;

             (e)  the code of conduct for members and for officers and staff of the House of Assembly service; and

              (f)  the manual.

2007 cH-10.1 s22

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Audit committee

      23. (1)  There is established a committee of the commission, to be known as the audit committee.

             (2)  The audit committee shall consist of

             (a)  2 members of the commission chosen by the commission, at least one of whom shall not be a member of the government party; and

             (b)  2 persons, chosen by the Chief Justice of the province, who are not members but who are resident in the province, and have demonstrated knowledge and experience in financial matters and are suitable to represent the public interest.

             (3)  The commission shall designate the chair of the audit committee from among the members of the committee.

             (4)  A person appointed under paragraph (2)( b) shall serve for a term of not more than 4 years but may be reappointed for one additional term of not more than 4 years.

             (5)  The clerk assistant shall act as secretary of the audit committee.

             (6)  The commission shall fix and direct the level of compensation and reimbursement of expenses to be paid to persons appointed under paragraph (2)( b).

             (7)  The audit committee shall

             (a)  provide assistance to the commission in fulfilling its oversight responsibility to the House of Assembly and the public with respect to stewardship of public money;

             (b)  make recommendations to the commission respecting the choice of and terms of engagement and compensation of the auditor appointed under section 43 ;

             (c)  review the audit plans of the auditor appointed under section 43 , including the general approach, scope and areas subject to risk of material misstatement;

             (d)  review the financial statements, audit report and recommendations of the auditor and give advice about them to the commission, including, where the committee considers it appropriate, recommending that the commission approve and sign the financial statements;

             (e)  review the compliance report issued and recommendations, if any, provided by the auditor general as a result of a compliance audit conducted under subsection 43 (9) and give advice on that report and those recommendations to the commission;

              (f)  review internal audit reports and make recommendations to the commission as required in respect of matters arising from those reports and generally make recommendations with respect to internal audit procedures of the House of Assembly and statutory offices;

             (g)  review with the clerk the effectiveness of internal control and other financial matters, as well as compliance with legal requirements respecting accountability, record-keeping, tendering and conflict of interest in the House of Assembly service and the statutory offices;

             (h)  review the code of conduct applicable to the clerk and staff of the House of Assembly service and statutory offices, and make recommendations for improvements to the commission;

              (i)  establish procedures for the receipt and treatment of complaints regarding accounting and internal controls, and the confidential submission by staff of the House of Assembly service and the statutory offices and by members of the public service of concerns regarding questionable accounting or auditing matters;

              (j)  use reasonable efforts to satisfy themselves as to the integrity of the House of Assembly and statutory office's financial information systems and the competence of accounting personnel and senior financial management responsible for accounting and financial reporting;

             (k)  review disclosure practices of the commission to ensure full, plain and timely disclosure of its decisions respecting financial matters;

              (l)  advise the clerk with respect to the exercise of his or her responsibilities as accounting officer; and

            (m)  act on , advise and report on other matters relating to the financial affairs of the House of Assembly and statutory offices as may be required by the commission.

             (8)  The audit committee shall

             (a)  meet at least 4 times a year or more often as required;

             (b)  meet separately and periodically with the clerk, the personnel responsible for the internal audit function and the auditor appointed under section 43 ; and

             (c)  report regularly to the commission with respect to its activities.

             (9)  The substance of the reports, advice and recommendations made by the audit committee to the commission shall be tabled at meetings of the commission and recorded in the minutes.

           (10)  Where there is disagreement among members of the audit committee as to the report, advice or recommendations to be made to the commission on a matter, and the 2 members of the committee appointed under paragraph (2)( b) are in disagreement with the other members of the committee or disagree with each other on that matter, that fact shall be recorded in the report, advice or recommendations and in the minutes of the commission.

2007 cH-10.1 s23; 2008 c58 s10

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Advance rulings on allowance use

      24. (1)  Where a member incurs an expense and a claim for reimbursement or payment has been rejected by an officer or staff member of the House of Assembly service, or the member is unsure as to whether an expense, if incurred, will qualify for reimbursement or payment, he or she may request a ruling from the speaker.

             (2)  Upon receipt of a request in writing for a ruling under subsection (1), the speaker shall, as soon as reasonably possible, review the matter and, after giving the member an opportunity to make a submission, provide a ruling in writing to the member as to whether the expenditure complies with or would comply with this Act, the rules and directives of the commission.

             (3)  Before making a ruling the speaker may request further information or clarification from the member as to the nature and purpose of the expenditure in question.

             (4)  Where the speaker rules that the expenditure complies with, or the proposed expenditure will comply with, this Act, the rules and directives of the commission, the speaker shall

             (a)  inform the member of the ruling; and

             (b)  provide a copy of the ruling to the commission.

             (5)  Where the speaker rules that the expenditure complies with or would comply with the Act, the rules and directives of the commission, and the commission does not reject or vary the speaker's ruling in accordance with subsection (7), the ruling is binding and the member may claim reimbursement or payment.

             (6)  Where the commission takes issue with the speaker's ruling, the member shall be notified by the commission and given the opportunity to make a submission to the commission outlining why the expenditure complies with the Act and the rules and directives of the commission.

             (7)  The commission may, within 30 days of receipt of the speaker's ruling reverse that ruling and substitute another or approve that ruling, and the decision of the commission is final.

             (8)  Where the ruling of the speaker is that the expenditure does not comply with the rules and directives of the commission, the member may appeal that ruling to the commission and, after giving the member an opportunity to make a submission in writing in support of the appeal, the commission may decide to reverse, uphold or modify the ruling of the speaker, and the decision of the commission is final.

             (9)  Notwithstanding that an expense claim has been denied by an officer, staff member or the speaker, in accordance with the rules, where there is an appeal to the commission under this section and the commission determines that that claimed expense amount

             (a)  has been incurred by the member; and

             (b)  is a permitted expense under the Act and rules; and

             (c)  does not exceed an expense amount or allowance allocation permitted under the rules,

and a denial of payment of the expense amount would, in the opinion of the commission, be unjust, the commission may approve the expenditure for the claimed expense to the extent that the commission considers to be just and the decision of the commission is final.

2007 cH-10.1 s24; 2008 c58 s11

PART IV
HOUSE OF ASSEMBLY OPERATIONS

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House of Assembly service

      25. (1)  The House of Assembly service consists of operations established, whether by law or otherwise, for the purpose of supporting the functioning of the House of Assembly, its committees and members, and includes

             (a)  the speaker;

             (b)  the office of the clerk and other officers of the House of Assembly;

             (c)  the law clerk;

             (d)  the financial and administrative services;

             (e)  the legislative library;

              (f)  the office of Hansard;

             (g)  the broadcast centre; and

             (h)  other divisions that may be assigned by law or designated and provided for by the commission.

             (2)  For the purpose of this Act, the House of Assembly service does not include a statutory office, the office of the auditor general, or staff employed for political purposes to assist a member or a caucus.

             (3)  The law clerk appointed under section 7 shall provide legal services to the House of Assembly service, including but not limited to

             (a)  advice to the clerk and speaker on parliamentary matters; and

             (b)  general legal advice and services.

2007 cH-10.1 s25

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Estimates

      26. (1)  An estimate of the amounts required to be provided by the House of Assembly for the payment of expenses of the House of Assembly, including salaries, allowances and expenses of members, during each fiscal year shall be prepared annually by the clerk.

             (2)  Estimates of the amounts required to be provided by the House of Assembly for the operation of each statutory office shall be prepared annually by the officer responsible for the statutory office.

             (3)  The estimates prepared by the clerk and the officer responsible for each statutory office shall be submitted to the commission for its approval and may be altered by the commission.

             (4)  Before the commission makes a decision on the estimate of the statutory offices submitted under subsection (2), the commission shall request the clerk to provide analysis and commentary to the commission on each of those estimate requests.

             (5)  Before the commission makes a decision on an estimate submitted under this section, it may submit the estimate to the budget division of the Department of Finance for analysis and commentary.

             (6)  The estimates as approved or altered by the commission shall be submitted to the Minister of Finance and laid before the House of Assembly with the other estimates for the year.

2007 cH-10.1 s26

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Payment

      27. All amounts of money voted by the Legislature with respect to the estimates submitted under section 26 shall, subject to the Financial Administration Act , be paid out of the Consolidated Revenue Fund on the order of the commission to defray the expenses of the House of Assembly, statutory offices and the office of the auditor general.

2007 cH-10.1 s27

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Clerk

      28. (1)  The clerk is the chief officer of the House of Assembly with the status equivalent to a deputy minister in the public service and in that capacity the clerk is

             (a)  the chief parliamentary advisor to the speaker; and

             (b)  the chief administrative and financial officer of the House of Assembly responsible to the speaker and through the speaker to the commission for the management of the operations of the House of Assembly service and the administration of the statutory offices.

             (2)  In his or her capacity as chief parliamentary advisor, the clerk is responsible for

             (a)  advising the speaker, deputy speaker, committee chairpersons and members on procedural matters concerning the rules, privileges and proceedings of the House of Assembly;

             (b)  directing and coordinating the provision of procedural services by the clerk assistant, sergeant-at-arms and other officers of the House of Assembly;

             (c)  coordinating all official parliamentary ceremonies and other events involving the House of Assembly;

             (d)  custody of and safe-keeping of the records of the House of Assembly and all bills, petitions and documents presented to or laid on the table of the House, and shall produce them when required by the speaker or by his or her order on motion of a member;

             (e)  recording and carrying out all recorded votes of the House of Assembly; and

              (f)  ensuring and controlling public access to the proceedings of the House of Assembly through the production and distribution of Hansard and the facilitation of electronic access to proceedings by the media.

             (3)  In his or her capacity as chief administrative and financial officer, the clerk is responsible for

             (a)  the provision of administrative, financial and other support services to the House of Assembly, its members, and statutory offices;

             (b)  direction and supervision of the clerks, officers and staff employed in the House of Assembly service and for the establishment of general administrative policies of the statutory offices;

             (c)  acting as secretary of the commission and has custody of all records and minutes of the commission;

             (d)  ensuring that disclosure, as required by law, of the proceedings of the commission and the financial matters pertaining to members and the House of Assembly service is provided for;

             (e)  the preparation of the estimates of the House of Assembly as required by section 26 and analysis and commentary, to the commission, on the budget submissions of the statutory offices and the office of the auditor general;

              (f)  administration of all services and payments to members;

             (g)  the orderly safekeeping of the records of the House of Assembly service;

             (h)  authorizing and recording all financial commitments entered into on behalf of the House of Assembly and statutory offices;

              (i)  reporting regularly to the commission and informing the secretary of the Treasury Board regarding the financial and budgetary performance of the House of Assembly and statutory offices;

              (j)  reporting to the commission and the audit committee on the status of audits of the House of Assembly and the statutory offices and, specifically, reporting if in his or her opinion the audit is not being conducted on a timely basis;

             (k)  maintaining and periodically assessing the effectiveness of internal controls in the House of Assembly and statutory offices and reporting on that assessment and effectiveness to the commission; and

              (l)  certifying to the commission as required that the House of Assembly and statutory offices have in place appropriate systems of internal control and that those systems are operating effectively.

             (4)  Paragraph (3)( l) shall not come into force until August 31, 2008 .

2007 cH-10.1 s28

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Financial administration of allowances and expenses

      29. (1)  The clerk shall ensure that

             (a)  all allowances allocated to a member are allocated directly to a separate account for that member, which shall be maintained by the financial officer designated by the clerk;

             (b)  all expenses of a member are charged to and paid out of the member's account as a debit from funds allocated under paragraph (a); and

             (c)  expenses reimbursed to or paid on behalf of a member do not exceed prescribed maximums and otherwise comply with limitations on their payment.

             (2)  The clerk shall ensure that quarterly or more frequently, as he or she considers necessary or as may be directed by the commission, statements of the status of a member's account are provided to the member and the commission.

             (3)  The clerk shall annually certify in the report required under section 51 that

             (a)  he or she has reviewed the accounts of members and that they are an accurate reflection of the transactions related to those accounts for the previous fiscal year; and

             (b)  the minutes of the proceedings of the commission are an accurate reflection of the decisions made at those proceedings.

2007 cH-10.1 s29

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General duties of clerk

      30. The general duties of the clerk of the House of Assembly, where no special provision is made, shall be similar to those of the clerk of the House of Commons of the Parliament of the United Kingdom according to the practice of Parliament, or that may be provided by resolution of the House of Assembly.

2007 cH-10.1 s30

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Clerk to account to Public Accounts Committee

      31. (1)  The clerk, as an accounting officer, shall be directly accountable before the Public Accounts Committee of the House of Assembly for the authorities and responsibilities assigned by law or delegated to him or her by the commission, including for the

             (a)  measures taken to organize the resources of the House of Assembly service to deliver the programs in compliance with established policies and procedures;

             (b)  measures taken to implement appropriate financial management policies;

             (c)  measures taken to maintain effective systems of internal control;

             (d)  certifications that are made under section 29 ; and

             (e)  performance of other specific duties assigned to him or her by or under this or another Act in relation to the administration of the House of Assembly service and the statutory offices.

             (2)  The clerk shall appear before the Public Accounts Committee and answer questions put to him or her by members of the committee in respect of the carrying out of the responsibilities and the performance of the duties referred to in subsection (1).

             (3)  Except where section 24 applies, where the speaker or the commission are unable to agree with the clerk on the interpretation or application of a rule, directive, policy or standard applicable to a member, the House of Assembly service or the statutory offices, the clerk shall seek guidance in writing on the matter from the comptroller general or the Deputy Attorney General.

             (4)  Where guidance is provided under subsection (3) but the matter remains unresolved, and the speaker or commission, in writing, requests action by the clerk in accordance with their direction, the clerk shall comply with the direction but shall immediately notify the auditor general, the comptroller general and the Attorney General of the direction and his or her disagreement with that direction.

             (5)  A punishment or retaliation shall not be taken against the clerk for actions taken by him or her in good faith under this section.

2007 cH-10.1 s31

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Subordinate offices

      32. (1)  The commission may appoint those employees, other than those appointed under section 7 , that it considers necessary for the conduct of the business of the House of Assembly service.

             (2)  The commission may, in accordance with

             (a)  subsection 10(1) of the Citizens' Representative Act;

             (b)  subsection 11(1) of the Child and Youth Advocate Act;

             (c)  subsection 42.7(1) of the Access to Information and Protection of Privacy Act ;

             (d)  subsection 34(6) of the House of Assembly Act ; and

             (e)  subsection 7(1) of the Elections Act, 1991,

approve the proposed appointments of officers, clerks, assistants and employees of the statutory offices.

             (3)  Personnel and administrative policies respecting the public service, including policies with respect to the reimbursement of expenses, apply to persons employed in the House of Assembly service, except where varied by a directive of the commission.

             (4)  Policies relating to deputy ministers, including policies with respect to the reimbursement of expenses, apply to the clerk and persons appointed to preside over a statutory office, except where varied by a directive of the commission.

             (5)  The employee benefits applicable to the public service of the province apply to persons employed in the House of Assembly service, except where varied by a directive of the commission.

             (6)  The Public Service Commission Act , except for section 11 with respect to appointments, applies to the House of Assembly and the statutory offices, except where varied by a directive of the commission.

             (7)  The commission may, with the approval of the applicable minister or agency head, second employees from a department of government or agency to work on a temporary basis in the House of Assembly service and while working, those persons shall report to and be answerable to the clerk or other person who may be designated by the clerk and, upon return of those persons to work in a government or agency, service while employed in the House of Assembly service shall be counted as service in the public service.

2007 cH-10.1 s32; 2008 c58 s12

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Reporting of proceedings

      33. The commission may make arrangements for the reporting and publishing of the proceedings of the House of Assembly.

2007 cH-10.1 s33

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Suspension of employees

      34. (1)  The speaker may inquire into the conduct or fitness of a person employed by the House of Assembly upon a complaint made to the speaker of misconduct or unfitness of that person.

             (2)  Where it appears to the speaker following an inquiry under subsection (1) that an employee has been guilty of misconduct or is unfit to continue his or her employment, the speaker may suspend the employee and shall report the suspension

             (a)  to the Lieutenant-Governor in Council in the case of a person appointed by the Crown; or

             (b)  to the commission where the person has not been appointed by the Crown.

2007 cH-10.1 s34

PART V
ETHICS AND ACCOUNTABILITY

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Codes of conduct

      35. (1)  The speaker shall, immediately after the coming into force of this Act, refer to the standing committee of the House of Assembly on Privileges and Elections the responsibility of developing and proposing to the House of Assembly the adoption, by resolution, of a code of conduct for members to assist members in the discharge of their obligations to the House of Assembly, their constituents and the public at large that

             (a)  provides guidance on the standards of conduct expected of members in discharging their legislative and public duties; and

             (b)  provides the openness and accountability necessary to reinforce public confidence in the manner in which members perform those duties.

             (2)  The code of conduct adopted under subsection (1) shall be

             (a)  treated as a standard against which the actions of a member may be judged for the purpose of censure by the House of Assembly and by the public; and

             (b)  in addition to other standards of duty and responsibility imposed on members by this Act and any other law.

             (3)  The commission shall, within 90 days of the coming into force of this Act, develop and adopt a code of conduct applicable to the officers and other persons employed in the House of Assembly service and in the statutory offices.

2007 cH-10.1 s35; 2008 c58 s13

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Request for opinion

      36. (1)  A member who has reasonable grounds to believe that another member is in contravention of the code of conduct adopted under subsection 35 (1) may, by application in writing setting out the grounds for the belief and the nature of the alleged contravention, request that the commissioner give an opinion respecting the compliance of the other member with the provisions of the code of conduct.

             (2)  The commissioner, on his or her own initiative, may conduct an inquiry to determine whether a member has failed to fulfil an obligation under the code of conduct where in the opinion of the commissioner it is in the public interest to do so.

             (3)  The House of Assembly may, by resolution, request that the commissioner give an opinion on a matter respecting the compliance of a member with the code of conduct.

             (4)  The Premier may request that the commissioner give an opinion on a matter respecting the compliance of a member with the code of conduct.

             (5)  Where a matter has been referred to the commissioner under subsection (1) or (3), the House of Assembly or a committee of the House of Assembly shall not conduct an inquiry into the matter until the commissioner has completed his or her work.

2007 cH-10.1 s36

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Inquiry

      37. (1)  Upon receiving a request under subsection 36 (1), (3) or (4), or where the commissioner decides to conduct an inquiry under subsection 36 (2), and on giving the member concerned reasonable notice, the commissioner may conduct an inquiry.

             (2)  Where the commissioner conducts an inquiry under subsection (1), he or she shall give the member to whom the inquiry relates a copy of the request and at all appropriate stages throughout the inquiry the commissioner shall give the member reasonable opportunity to be present and to make representations to the commissioner in writing or in person or by counsel or other representative.

             (3)  Where the commissioner conducts an inquiry under subsection (1), he or she has all the powers of a commissioner under the Public Inquiries Act, 2006.

             (4)  Where the commissioner determines that the subject-matter of an inquiry conducted by him or her is under investigation by police or is the subject-matter of criminal proceedings, the commissioner shall hold the inquiry in abeyance pending final disposition of that investigation or those proceedings if, in his or her opinion, the continuation of the inquiry would inappropriately interfere with the investigation or proceeding.

             (5)  Where during the course of an inquiry the commissioner determines that there are reasonable grounds to believe that an offence contrary to an Act of the province or the Parliament of Canada has been committed, the commissioner shall immediately refer the matter to the appropriate authorities and hold the inquiry in abeyance pending final disposition of a resulting investigation and proceedings.

2007 cH-10.1 s37; 2008 c58 s14

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Report

      38. (1)  Where a request for an opinion is made under subsection 36 (1) or (3), or where the commissioner conducts an inquiry under subsection 36 (2), he or she shall report his or her opinion to the commission which shall present the report to the House of Assembly within 15 sitting days of receiving it if it is in session or, if not, within 15 sitting days of the beginning of the next session.

             (2)  Where the request for an opinion is made under subsection 36 (4), the commissioner shall report his or her opinion to the Premier and the member concerned.

             (3)  In all cases, the commissioner shall report the results of an inquiry to the member concerned.

             (4)  The commissioner shall report the results of an inquiry as soon as possible, and in any event no later than 90 days after beginning the inquiry.

2007 cH-10.1 s38

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Penalties

      39. Where the commissioner determines that a member has failed to fulfil an obligation under the code of conduct, he or she may recommend in the report under section 38

             (a)  that the member be reprimanded;

             (b)  that the member make restitution or pay compensation;

             (c)  that the member be suspended from the House of Assembly, with or without pay, for a period specified in the report; or

             (d)  that the member's seat be declared vacant.

2007 cH-10.1 s39

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Concurrence of House of Assembly

      40. (1)  A recommendation in a report of the commissioner shall not take effect unless the report is sent to the commission under subsection 38 (1) and concurred in by resolution of the House of Assembly.

             (2)  A report tabled in the House of Assembly under subsection 38 (1) shall be taken up and disposed of within 15 sitting days after the day on which it was tabled or within a longer period, not to exceed 6 months, that the House of Assembly may determine.

2007 cH-10.1 s40

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Suit for compensation allowed

      41. (1)  Where a report to the House of Assembly under section 38 is adopted and the report recommends the payment of compensation or restitution, the House of Assembly may, in an Act passed for the purpose, order the payment of compensation or restitution.

             (2)  Compensation ordered to be paid under subsection (1) is a debt due to the person identified in the report as having suffered damage and may be recovered from the member to whom the report relates by that person in a court.

2007 cH-10.1 s41

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Examination of member

      42. (1)  Where, after considering a matter under section 37 , the commissioner concludes that, having regard to all the circumstances, there was no failure without reasonable justification in the member's fulfilment of an obligation under the code of conduct, then he or she, without providing further information, shall certify to the member in writing and shall give a copy of the certificate to the commission where the inquiry was conducted as a result of a request under subsection 36 (1) or (3) or by the commissioner under subsection 36 (2).

             (2)  Where the commissioner gives a copy of a certificate to a member under this section, he or she shall, on the request of the member, provide the member with the information and explanations in support of the conclusion referred to in subsection (1) that the commissioner considers appropriate in the circumstances, and the member may publish or otherwise deal with information and explanations so provided as the member sees fit.

2007 cH-10.1 s42

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Audit

      43. (1)  Notwithstanding another Act, the accounts of the House of Assembly and statutory offices shall be audited annually by an auditor appointed by the commission under subsection (2).

             (2)  The commission shall, before the end of each fiscal year, upon the recommendation of the audit committee, appoint an auditor.

             (3)  The auditor general may act as the auditor appointed under subsection (1) but in that event the audit to be performed shall be of the House of Assembly and statutory offices as a separate body and not as part of the general audit of the accounts of the province with appropriate levels of materiality applied to that entity.

             (4)  Where the commission does not appoint an auditor as required by subsection (2), the speaker shall report the fact to the House of Assembly .

             (5)  Where the commission has not appointed an auditor under subsection (2) by the end of the fiscal year, the auditor general shall be the auditor.

             (6)  The audit provided for in subsection (1) shall consist of

             (a)  a financial statement audit conducted in accordance with generally accepted auditing standards as determined by the Canadian Institute of Chartered Accountants, expressing an opinion on whether the accounts of the House of Assembly and statutory offices are fairly presented in accordance with accounting policies noted;

             (b)  the expression of an opinion on whether the expenses incurred by the House of Assembly and statutory offices are in accordance with the policies of the commission and, where applicable, the policies of the executive branch of government; and

             (c)  the expression of an opinion on whether the clerk's assessment of the effectiveness of internal controls of the House of Assembly and statutory offices is fairly stated and whether the internal controls are operating effectively.

             (7)  Nothing in this Act precludes the auditor general, after consultation with the audit committee, from conducting at any time and on his or her own motion a separate financial audit of the accounts of the House of Assembly and the statutory offices under the authority conferred on the auditor general by the Auditor General Act .

             (8)  Where a financial audit conducted under this section is conducted by an auditor other than the auditor general, that auditor shall

             (a)  deliver to the auditor general after completion of the audit a copy of the auditor's report, his or her recommendations and a copy of the audited financial statements; and

             (b)  provide to the auditor general as soon as reasonably practicable when so requested, a full explanation of the work performed, tests and examinations made and the results obtained, and other information relating to the audit within the knowledge of the auditor.

             (9)  In addition to the financial audit required by this section, the auditor general shall perform and complete a compliance audit at least once during every General Assembly to determine and express an opinion on whether

             (a)  collections of public money

                      (i)  have been effected as required under law and directives and decisions of the commission,

                     (ii)  have been fully accounted for, and

                    (iii)  have been properly reflected in the accounts of the province;

             (b)  disbursements of public money

                      (i)  have been made in accordance with the authority of a supply vote, or relevant law,

                     (ii)  have complied with regulations, rules, directives and orders applicable to those disbursements,

                    (iii)  have been properly reflected in the accounts, and

                    (iv)  have been made for the purposes for which the money was appropriated and authorized;

             (c)  accounts have been faithfully and properly kept;

             (d)  assets acquired, administered or otherwise held by or for the House of Assembly and the statutory offices are adequately safeguarded and accounted for;

             (e)  accounting systems and management control systems that relate to revenue, disbursements, safeguarding or use of assets or the determination of liabilities are in existence, are adequate and have been complied with;

              (f)  accountability information with respect to the operations of the House of Assembly and the statutory offices is adequate; and

             (g)  there are factors or circumstances relating to expenditure of public money which in the opinion of the auditor general should be identified and commented on as part of the audit function.

           (10)  Subsection (9) shall not be construed as entitling the auditor general to question the merits of policy objectives of the House of Assembly, the House of Assembly service, the commission or the statutory offices.

2007 cH-10.1 s43

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Access to books

      44. The auditor general, another auditor appointed under section 43 and the comptroller general shall, for the purposes of

             (a)  an audit of the accounts of the House of Assembly and statutory offices under this Act; and

             (b)  the duties of the comptroller general under the Financial Administration Act,

have access to all books, documents, accounts and other financial records of the House of Assembly and the statutory offices.

2007 cH-10.1 s44

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Improper retention of public money

      45. (1)  Where

             (a)  during the course of an audit;

             (b)  as a result of a review of an audit report prepared by another auditor employed by the commission; or

             (c)  as a result of an internal audit procedure,

the auditor general becomes aware of an improper retention or misappropriation of public money by a member, the clerk, the clerk assistant or staff of the House of Assembly service or the statutory offices or another activity that may constitute an offence under the Criminal Code or another Act of the province or of Canada, the auditor general shall immediately report the improper retention, misappropriation of public money or other activity to

             (d)  the speaker;

             (e)  the chair of the audit committee;

              (f)  the Premier;

             (g)  the leader of the political party, if any, with which the person involved may be associated;

             (h)  the Attorney General; and

              (i)  the Minister of Finance.

             (2)  In addition to reporting in accordance with subsection (1), the auditor general shall attach to his or her annual report to the House of Assembly a list containing a general description of the incidents referred to in subsection (1) and the dates on which those incidents were reported.

             (3)  Before making a report under subsection (1), the auditor general shall give to a person involved and who may be ultimately named or identified in the report

             (a)  full disclosure of the information of which the auditor general has become aware; and

             (b)  a reasonable opportunity to the person to provide further information and an explanation,

and shall take that information and explanation into account in deciding whether to proceed to make a report.

             (4)  The auditor general shall not make the existence or the contents of a report referred to in subsection (1) known to another person except

             (a)  as part of his or her annual report to the House of Assembly;

             (b)  in accordance with a judicial proceeding;

             (c)  as part of proceedings before the Public Accounts Committee; or

             (d)  as a result of a request from the commission.

             (5)  The auditor general is a compellable witness in any criminal or civil proceeding and in a proceeding before the Public Accounts Committee relating to a matter dealt with in a report made under this section.

             (6)  Section 19.1 of the House of Assembly Act does not apply to a report made under this section.

             (7)  Section 15 of the Auditor General Act does not apply to a member, the clerk, clerk assistant or staff of the House of Assembly service and the statutory offices .

2007 cH-10.1 s45; 2008 c58 s15

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Financial Administration Act

      46. The Financial Administration Act applies to public money issued to defray expenses of the House of Assembly including money allocated to defray the salaries, allowances and other expenses of members.

2007 cH-10.1 s46

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Public Accounts Committee

      47. The Public Accounts Committee of the House of Assembly or another committee that may be designated by the House of Assembly shall annually review

             (a)  the audited accounts and the report prepared by the speaker under section 51 ;

             (b)  the clerk's role as accounting officer under section 31 ; and

             (c)  another matter that it considers necessary or advisable with respect to the financial management of the House of Assembly and the statutory offices.

2007 cH-10.1 s47

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Application of Acts

      48. (1)  The Transparency and Accountability Act shall apply to the House of Assembly service and the statutory offices, with the following exceptions:

             (a)  an authority or responsibility given to a minister under that Act shall be exercised by the speaker;

             (b)  an authority or responsibility given to the Lieutenant- Governor in Council under that Act shall be exercised by the commission;

             (c)  sections 10, 11, 12, 13, subsections 14(2), 19(1), (2), (3) and (4), and section 24 of that Act do not apply;

             (d)  subsections 14(2), 19(1), (2) and (4) of that Act apply only to the statutory offices;

             (e)  where the Transparency and Accountability Act refers to a "governing body" it shall be read as a reference to the commission;

              (f)  where the Transparency and Accountability Act refers to a "government entity" it shall be read as a reference to the House of Assembly service and statutory offices;

             (g)  where the Transparency and Accountability Act refers to a "public body" it shall be read as a reference to an office of the House of Assembly service and statutory offices;

             (h)  where in sections 5, 6, and 7 of the Transparency and Accountability Act reference is made to the "strategic direction of the government" it shall be read as a reference to the strategic direction of the House of Assembly service; and

              (i)  where in section 21 of the Transparency and Accountability Act a reference is made to a "deputy minister" it shall be read as a reference, in relation to the House of Assembly service, to the clerk.

             (2)  The Public Tender Act and the Conflict of Interest Act, 1995 shall apply to the House of Assembly and the statutory offices except to the extent that the application may be modified by a rule or directive of the commission putting in place alternative and more appropriate requirements dealing with tendering processes and the conflict of interest of persons employed in the House of Assembly and statutory offices.

2007 cH-10.1 s48; 2008 c58 s16

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Further duties of commission

      49. (1)  In addition to providing access to information under the Access to Information and Protection of Privacy Act, the commission shall

             (a)  adopt and maintain a scheme, to be known as a publication scheme, which relates to the publication of information by the commission;

             (b)  publish information in accordance with the publication scheme; and

             (c)  review and update the publication scheme.

             (2)  The publication scheme required to be adopted under subsection (1) shall

             (a)  include information about the expenditures made by or on behalf of members under subsection 11 (2) and in accordance with the rules;

             (b)  include other classes of information relating to the operation of the House of Assembly which the commission intends to publish, taking into account the appropriateness, with respect to each class, of public access to information concerning that class; and

             (c)  specify the manner, including written or electronic publication on a website, in which it is to be published.

2007 cH-10.1 s49

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Manual

      50. (1)  The commission shall, not more than 6 months after the coming into force of this Act, develop a manual of appropriate conduct and policies and procedures for members of the House of Assembly.

             (2)  The manual shall be

             (a)  tabled in the House of Assembly within 10 days after its completion if the House of Assembly is then sitting and if not, within 10 days of the next ensuing sitting; and

             (b)  distributed to the speaker, clerk and each member of the House of Assembly.

             (3)  Where , after a distribution of a manual under subsection (2), a member is newly elected to the House of Assembly, the clerk shall provide a copy of the manual to that member.

             (4)  The manual shall be updated as the commission considers necessary and each change to the manual shall be distributed as required under subsections (2) and (3).

             (5)  The manual shall contain

             (a)  information with respect to allowances available to members;

             (b)  the duties of members with respect to claims for allowances and the management and expenditure of public money;

             (c)  copies of applicable legislation;

             (d)  copies of the rules;

             (e)  directives of the commission issued to members, the speaker and the clerk;

              (f)  information summarizing rulings and determinations made by the speaker and the commission under section 24 and by the speaker and the commissioner under section 52 ;

             (g)  instructions as to the manner in which duties of the members are to be carried out with respect to making claims for allowances and the forms to be used and the documentation to be supplied;

             (h)  the code of conduct adopted by the House of Assembly;

              (i)  information as to how to organize and operate a constituency office; and

              (j)  another matter that the commission believes may be of assistance to members in the performance of their duties.

2007 cH-10.1 s50

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Annual report of speaker

      51. In addition to a report that may be required by the Transparency and Accountability Act , the speaker shall, on behalf of the commission, annually prepare and table in the House of Assembly a report containing

             (a)  the audited financial statements and accounts and auditor's report prepared by the auditor under section 43 ;

             (b)  minutes of the substance of all decisions made at each meeting of the commission prepared in accordance with subsection 19 (4);

             (c)  a report on the decisions and activities of the commission for the past year prepared in accordance with paragraph 20 (1)(f);

             (d)  a report on recommendations made by the auditor appointed under section 43 and the steps taken or to be taken, if any, to address those recommendations, in accordance with paragraph 20 (5)(e);

             (e)  a statement of the total salary, allowances and expenses permitted for each member and a statement of all payments made to or for each member with respect to their salaries, allowances and expenses;

              (f)  changes or adjustments to allowances and expenses approved by the commission in the year covered by the report;

             (g)  a statement of the clerk certifying that the amounts of salary, allowance and expense reflected in the report as having been paid to or for each member is consistent with the amounts recorded by the comptroller general and reflected in the public accounts; and

             (h)  a statement of the substance of rulings made by the speaker, the commission or the commissioner under sections 24 and 52 .

2007 cH-10.1 s51; 2008 c58 s17

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Review of allowance use

      52. (1)  At the request of a member or of the clerk on his or her own initiative, the speaker may conduct, in his or her capacity as chair of the commission, a review that the speaker considers necessary to determine whether a member's use of an allowance, disbursement, payment, good, premises or service provided under this Act complies with

             (a)  the purposes for which the allowance, disbursement, payment, good, premises or service was provided; or

             (b)  the purpose of this Act, the rules or the directives of the commission.

             (2)  The speaker shall inform a member of a review concerning that member as soon as is reasonably possible.

             (3)  Where, after a review, the speaker determines that a member's use of an allowance, disbursement, payment, goods, premises or service provided under this Act does or does not comply with the purposes for which it was provided or the purposes of this Act or a rule or directive of the commission, the speaker shall

             (a)  inform the member of the determination; and

             (b)  provide a copy of that determination to the commission.

             (4)  A member who is the subject of the speaker's determination may, within 10 days of his or her receipt of that determination, inform the speaker that he or she disagrees with the determination and the speaker or that member may request that the commissioner investigate and provide a written opinion.

             (5)  Where the commissioner receives a request under subsection (4), he or she may conduct an investigation sufficient to provide an opinion and shall provide that written opinion to the

             (a )  member who was the subject of the investigation;

             (b)  commission ; and

             (c)  speaker .

             (6)  Where an opinion provided under subsection (5) differs from that provided by the speaker under subsection (3), the commissioner's opinion shall prevail.

             (7)  Where a member does not disagree in writing within 30 days after receiving the speaker's determination or if he or she does disagree but the commissioner, in the commissioner's written opinion, supports the speaker's determination, the speaker may direct, in writing, that the member

             (a)  comply with this Act, the rules or the directives of the commission; and

             (b)  pay back the amount of the allowance, disbursement, funding or payment paid or the value of the good, service or use of the premises provided.

             (8)  The speaker may order that an allowance, disbursement, payment, good, premises or service otherwise payable or to be provided to a member under this Act or a rule or directive of the commission, be withheld from the member where

             (a)  the speaker has given the member a written direction under subsection (7); and

             (b)  either

                      (i)  the speaker determines that the member continues to use an allowance, disbursement, payment, good, premises or service paid or provided in a manner that does not comply with the purpose for which it was provided or with the purpose of this Act or a directive of the commission, or

                     (ii)  the speaker is of the opinion that the withholding is necessary to protect the public interest.

             (9)  An order made under subsection (8) remains in force until

             (a)  the speaker is satisfied that the member's proposed use of the allowance, disbursement, payment, good, premises or service complies with the purpose for which it was provided or with the purposes of this Act or directives of the commission; or

             (b)  it is revoked by the speaker.

           (10)  The speaker may impose a term or condition on an order made under subsection (8) that he or she considers appropriate.

           (11)  Where the request for a review under this section relates to the speaker, the review shall be conducted by the deputy speaker, and the references to speaker in subsections (1) to (10) shall be read as references to the deputy speaker.

2007 cH-10.1 s52

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Enforcement of Duties

      53. (1)  Where a person believes in good faith that a member, the speaker, deputy speaker, clerk, clerk assistant or the commission is failing to observe or comply with a duty imposed under this Act, he or she may begin a proceeding in the Trial Division by way of originating application seeking a mandatory order that the duty be complied with, together with consequential or declaratory relief.

             (2)  The claimant shall make a demand for compliance with the alleged duty on the person or the commission he or she alleges is required to perform that duty and allow a reasonable time for compliance before beginning a proceeding in subsection (1).

             (3)  A person who begins a proceeding under subsection (1) shall not be denied standing on the basis that he or she has no greater interest in the subject-matter of the application than any other member of the public or that the Attorney General is not named as a party by way of relator proceedings or otherwise.

             (4)  A person who begins a proceeding under subsection (1) shall serve a copy of the application on the Attorney General and the Attorney General shall have the right to intervene and be heard in the proceeding.

             (5)  For the purpose of a proceeding against the commission under this section, the commission shall be considered to be a party capable of being sued in its own right.

             (6)  An order as to costs shall not be made against a person who unsuccessfully commences an application under subsection (1) unless the court determines that the application was not brought in good faith.

2007 cH-10.1 s53

PART VI
PUBLIC INTEREST DISCLOSURE

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Interpretation

      54. (1)  In this Part

             (a)  "disclosure " means a disclosure made in good faith by a member or an employee in accordance with section 55 ;

             (b)  "employee " means a member of the public service of the province and includes an officer of the House of Assembly and a person employed in the House of Assembly service or a statutory office;

             (c)  "investigator " means the citizens’ representative appointed under the Citizens’ Representative Act ;

             (d)  "reprisal " means one or more of the following measures taken against an employee because he or she has, in good faith, sought advice about making a disclosure, made a disclosure or cooperated in an investigation under this Part:

                      (i)  a disciplinary measure,

                     (ii)  a demotion,

                    (iii)  termination of employment,

                    (iv)  a measure that adversely affects his or her employment or working conditions, or

                     (v)  a threat to take a measure referred to in subparagraphs (i) to (iv); and

             (e)  "wrongdoing ", with respect to a member, the speaker, an officer of the House of Assembly and a person employed in the House of Assembly service and the statutory offices, means

                      (i)  an act or omission constituting an offence under this Act,

                     (ii)  gross mismanagement, including of public money under the stewardship of the commission, in violation or suspected violation of a code of conduct,

                    (iii)  failure to disclose information required to be disclosed under this Act, or

                    (iv)  knowingly directing or counseling a person to commit a wrongdoing described in subparagraphs (i) to (iii).

             (2)  Notwithstanding paragraph (1)( c), where a disclosure relates to the citizens’ representative, the commissioner shall be the investigator for the purposes of this Part.

2007 cH-10.1 s54; 2008 c58 s18

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Disclosure of wrongdoing

      55. (1)  An employee or a member who reasonably believes that he or she has information that could show that a wrongdoing has been committed or is about to be committed may make a disclosure to his or her supervisor, the clerk, a member of the audit committee chosen under paragraph 23 (2)(b), or the investigator.

             (2)  A disclosure made under this section may be made orally or in writing and shall include, if known,

             (a)  a description of the wrongdoing;

             (b)  the name of the person alleged to

                      (i)  have committed, or

                     (ii)  be about to commit

the wrongdoing;

             (c)  the date of the wrongdoing; and

             (d)  whether the wrongdoing has already been disclosed and a response received.

             (3)  An employee or a member may make a disclosure even where another Act or regulation prohibits disclosure of that information.

             (4)  Notwithstanding subsection (3), nothing in this Part authorizes the disclosure of information that is protected by solicitor-client privilege.

             (5)  Where a disclosure involves personal or confidential information, the employee shall take reasonable precautions to ensure that no more information is disclosed than is necessary to make the disclosure.

2007 cH-10.1 s55

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Confidentiality of Identity

      56. The identity of a person making a disclosure shall be kept confidential to the extent permitted by law and consistent with the need to conduct a proper investigation.

2007 cH-10.1 s56

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Referral for investigation

      57. A person to whom a disclosure is made shall refer the matter to the investigator for investigation.

2007 cH-10.1 s57

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Investigation

      58. (1) The investigator shall carry out investigations of matters related to allegations in a disclosure made under this Part.

             (2)  Upon receipt of a referral the investigator shall, within 5 days, acknowledge to the person making the disclosure that the referral has been received.

             (3)  The investigation of an allegation made in a disclosure shall be conducted as informally and expeditiously as possible.

             (4)  The investigator shall ensure that the right to procedural fairness of all persons involved in an investigation is respected, including a person making a disclosure, witnesses and a person alleged to be responsible for wrongdoings.

             (5)  An investigator is not required to investigate a disclosure and may cease an investigation where he or she is of the opinion that

             (a)  the disclosure reveals allegations that are frivolous or vexatious or the disclosure has not been made in good faith;

             (b)  the disclosure does not provide adequate particulars about the alleged wrongdoing as required under subsection 55 (2); and

             (c)  there is another valid reason for not investigating the disclosure.

             (6)  Where, during an investigation, the investigator has reason to believe that another wrongdoing has been committed, he or she may investigate that wrongdoing in accordance with this Part.

             (7)  Upon completing an investigation, an investigator shall report, in writing, to the clerk and the speaker on his or her findings and recommendations about the disclosure and the wrongdoing.

             (8)  Where the matter being investigated involves the clerk, the investigator shall give a copy of the report to the speaker.

             (9)  Where the matter being investigated involves the speaker, the investigator shall give a copy of the report to the chairperson of the audit committee.

           (10)  The speaker, or the chairperson of the audit committee shall, if the report recommends corrective action,

             (a)  refer the report to the auditor general, the Attorney General, the Minister of Finance or other appropriate official to take appropriate action; or

             (b)  refer the report to the commission.

2007 cH-10.1 s58

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No reprisal

      59. (1)  A person shall not take a reprisal against an employee or direct that a reprisal be taken against an employee because the employee has, in good faith,

             (a)  sought advice about making a disclosure from his or her supervisor, the clerk, the speaker or a member of the audit committee;

             (b)  made a disclosure; or

             (c )  cooperated in an investigation under this Part.

             (2)  An employee or former employee who alleges that a reprisal has been taken against him or her may file a written complaint with the Labour Relations Board established under the Labour Relations Act and that Act shall apply, with the necessary changes, to the hearing and determination with respect to that complaint.

2007 cH-10.1 s59

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Misleading statements and obstruction

      60. (1)  A person shall not

             (a)  in making a disclosure; or

             (b)  during an investigation,

orally or in writing, knowingly make a false or misleading statement to a person to whom a disclosure has been made or to the investigator.

             (2)  A person shall not wilfully obstruct a supervisor, the clerk, the speaker, the investigator or another person acting for or on behalf of either of them or under his or her direction in the performance of a duty under this Part.

             (3)  A person shall not, knowing that a document or thing is likely to be relevant to an investigation under this Part,

             (a)  destroy , mutilate or alter the document or thing;

             (b)  falsify a document or make a false document;

             (c)  conceal the document or thing; or

             (d)  direct , counsel or cause a person to do a thing mentioned in paragraphs (a) to (c).

2007 cH-10.1 s60

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Offence

      61. (1)  A person who contravenes this Part is guilty of an offence and is liable on summary conviction to a fine of not more than $10,000 or to imprisonment for up to 6 months.

             (2)  A prosecution under this section shall not be commenced more than 2 years after the date the alleged offence was committed.

2007 cH-10.1 s61

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Legal advice

      62. Where a supervisor, the speaker, the clerk or the investigator is of the opinion that it is necessary to further the purposes of this Part, he or she may, in accordance with the rules, arrange for legal advice to be provided to employees and members involved in a process or proceeding under this Part.

2007 cH-10.1 s62

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Limitations on civil remedies

      63. A civil action or proceeding shall not be brought against an employee, a supervisor, the speaker, the clerk or the investigator or a person acting on behalf of or under the direction of either of them for a thing done or not done in good faith relating to

             (a)  the performance or intended performance of a duty under this Part; or

             (b)  the exercise or intended exercise of a power under this Part.

2007 cH-10.1 s63

PART VII
RULES

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Rules

      64. (1)  The commission may make rules

             (a)  respecting allowances, reimbursements, allowable expenses and other resources available to members;

             (b)  establishing distinctions between member constituencies with respect to amounts and entitlement;

             (c)  establishing limits and restrictions on amounts related to living, constituency and other expenses, including distance traveled, daily rates, meal rates and other rates payable by way of reimbursement or with respect to a claim of a member;

             (d)  respecting reimbursement and payment of member expenses and claims;

             (e)  respecting the preparation and circulation of manuals, agendas, codes, briefing and other materials;

              (f)  respecting the forms and manner in which reimbursement of claims may be made;

             (g)  respecting policies and procedures for proper financial management;

             (h)  respecting purposes, presumptions and principles underlying rules enacted by the commission;

              (i)  respecting member responsibility for finances, expenses, claims, liability and reimbursements;

              (j)  respecting records to be maintained and reports required of members, the commission, speaker, clerk and staff of the House of Assembly service and the statutory offices;

             (k)  respecting forms, receipts and other documentation required for monitoring claims, expenses, reimbursements and other payments;

              (l)  respecting eligibility for and prohibitions and restrictions related to expenses, claims, reimbursements and other payments;

            (m)  respecting allocations of resources for office, employee, administrative and other services for members;

             (n)  respecting the manner of engaging, regulating and paying for constituency assistants; and

             (o)  respecting another matter that the commission considers necessary or advisable to give effect to the purpose of this Act.

             (2)  Rules made under this Act are subordinate legislation within the meaning of the Statutes and Subordinate Legislation Act.

2007 cH-10.1 s64

PART VIII
MISCELLANEOUS, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

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Construing of Act

      65. Unless otherwise expressly provided in this Act, this Act shall not be construed as depriving the House of Assembly, a committee of the House of Assembly or a member of a right, immunity, privilege or power that the House of Assembly, committee or member might, but for this Act, have been entitled to exercise or enjoy.

2007 cH-10.1 s65

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Offence

      66. A person having a duty to document decisions and maintain records of the commission, the speaker, the clerk or staff member of the House of Assembly service and a person who without lawful authority destroys documentation recording decisions of the commission, the speaker or the clerk, or the advice and deliberations leading up to those decisions, is guilty of an offence and liable on summary conviction to a fine of not more that $10,000 or to imprisonment up to 6 months.

2007 cH-10.1 s66

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SNL2002 cA-1.1 Amdt.

      67. (1)   Paragraph 2(f) of the Access to Information and Protection of Privacy Act is amended

             (a)  by deleting the word "or" immediately after subparagraph (iii); and

             (b)  by adding immediately after subparagraph (iii) the following:

                 (iii.1)  in the case of the House of Assembly the speaker and in the case of the statutory offices as defined in the House of Assembly Accountability, Integrity and Administration Act, the applicable officer of each statutory office, or

             (2)  Paragraph 2(p) of the Act is repealed and the following substituted:

             (p)  "public body" means

                      (i)  a department created under the Executive Council Act , or a branch of the executive government of the province,

                     (ii)  a corporation, the ownership of which, or a majority of the shares of which is vested in the Crown,

                    (iii)  a corporation, commission or body, the majority of the members of which, or the majority of members of the board of directors of which are appointed by an Act, the Lieutenant-Governor in Council or a minister,

                    (iv)  a local public body, and

                     (v)  the House of Assembly and statutory offices, as defined in the House of Assembly Accountability, Integrity and Administration Act,

and includes a body designated for this purpose in the regulations made under section 73 , but does not include,

                    (vi)  the constituency office of a member of the House of Assembly wherever located,

                   (vii)  the Trial Division, the Court of Appeal or the Provincial Court , or

                  (viii)  a body listed in the Schedule;

             (3)  Paragraph 5(1)( c) of the Act is repealed and the following substituted:

             (c)  a personal or constituency record of a member of the House of Assembly, that is in the possession or control of the member;

          (c.1)  records of a registered political party or caucus as defined in the House of Assembly Accountability, Integrity and Administration Act;

             (4)  The Act is amended by adding immediately after section 30 the following:

Disclosure of House of Assembly service and statutory office records

   30.1 The Speaker of the House of Assembly or the officer responsible for a statutory office shall refuse to disclose to an applicant information

             (a)  where its non-disclosure is required for the purpose of avoiding an infringement of the privileges of the House of Assembly or a member of the House of Assembly;

             (b)  that is advice or a recommendation given to the speaker or the Clerk of the House of Assembly or the House of Assembly Management Commission established under the House of Assembly Accountability, Integrity and Administration Act that is not required by law to be disclosed or placed in the minutes of the House of Assembly Management Commission; and

             (c)  in the case of a statutory office as defined in the House of Assembly Accountability, Integrity and Administration Act, records connected with the investigatory functions of the statutory office.

2007 cH-10.1 s67

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RSNL1990 cH-10 Amdt.

      68. (1)  Paragraphs 20(a), (a.1) and (a.2) of the House of Assembly Act are repealed and the following substituted:

             (a)  "code of conduct" means a code of conduct adopted by the House of Assembly under subsection 35(1) of the House of Assembly Accountability, Integrity and Administration Act ;

          (a.1)  "cohabiting partner" means a person with whom a public office holder is living in a conjugal relationship outside marriage;

          (a.2)  "commissioner" means the Commissioner for Legislative Standards referred to in section 34;

          (a.3)  "excluded private interest" means

                      (i)  an asset, liability or financial interest of less than $10,000 in value,

                     (ii)  a source of income of less than $10,000 a year,

                    (iii)  real property that is used primarily for a residence or for recreation,

                    (iv)  personal property used for transportation, household, educational, recreational, social or aesthetic purposes,

                     (v)  cash on hand or on deposit with a financial institution that is lawfully entitled to accept deposits,

                    (vi)  fixed value securities issued by a government or municipality in Canada or an agency of a government or municipality in Canada ,

                   (vii)  a registered retirement savings plan, retirement or pension plan or employee benefit plan, that is not self administered,

                  (viii)  an investment in an open-ended mutual fund that has broadly based investments not limited to one industry or one sector of the economy,

                    (ix)  a guaranteed investment certificate or similar financial instrument,

                     (x)  an annuity, life insurance policy or pension right,

                    (xi)  an asset, liability or financial interest that is held

                            (A)  as executor, administrator or trustee, or

                            (B)  by bequest or inheritance, during the 12 months following the date it devolves, and

                   (xii)  an interest certified by the commissioner as being an excluded private interest;

             (2)  Subsection 34(1) of the Act is amended by deleting the words "of Members' Interests" and substituting the words "for Legislative Standards".

             (3)  Subsection 40(1) of the Act is amended by adding immediately after the word "Part" the words "or of a code of conduct".

             (4)  Section 42 of the Act is amended by adding immediately after the word "Part" wherever it occurs the words "or a code of conduct".

             (5)  Subsection 45(1) of the Act is amended by adding immediately after the word "Part" the words "or a code of conduct".

             (6)  Subsection 48(1) of the Act is amended by adding immediately after the word "Part" the words "or a code of conduct".

2007 cH-10.1 s68

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RSNL1990 cS-27 Amdt.

      69. (1)  The Statutes and Subordinate Legislation Act is amended by deleting the Part III heading and substituting the following:

PART III
LEGISLATIVE COUNSEL

             (2)  Section 20 of the Act is repealed.

             (3)  Subsection 21(2) of the Act is amended by deleting the words "including the duties of law clerk".

             (4)  Subsection 22(2) of the Act is repealed.

2007 cH-10.1 s69

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General Amdt.

      70. Where an Act refers to the "Commission of Internal Economy" or the "Internal Economy Commission" the references are struck out and replaced by "House of Assembly Management Commission continued under section 18 of the House of Assembly Accountability, Integrity and Administration Act ".

2007 cH-10.1 s70

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Repeal

      71. (1)  The Clerk of the House of Assembly Act is repealed.

             (2)  The Internal Economy Commission Act is repealed.

             (3)  Order 19 of the Standing Orders of the House of Assembly is repealed.

2007 cH-10.1 s71

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Transitional

      72. (1) The rules contained in the Schedule shall be treated for all purposes as if they had been made by the commission under section 64 and, to the extent necessary, to have been adopted by the House of Assembly under subsection 20(7).

             (2)  Notwithstanding subsection (1), the rules contained in the Schedule may be dealt with by the commission under section 64 as if they had been made by the commission.

2007 cH-10.1 s72

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Commencement

      73. (1)  This Act shall come into force on the day the Royal Assent is given.

             (2)  Notwithstanding subsection (1),

             (a)  sections 24, 31, 35 to 42, subsection 48(2) with respect to the Office of the Chief Electoral Officer, sections 53 and 67 come into force on October 9, 2007; and

             (b)  paragraph 28(3)(h) as it applies to a statutory office comes into force on April 1, 2008 .

             (c)  the Schedule comes into force on October 9, 2007 .

2007 cH-10.1 s73

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Schedule

RULES

The Rules form a separate document.  See the Index of Subordinate Legislation / Table of Regulations for information regarding amendments.  See also the Consolidated Regulations for a current statement of the Rules.

2007 cH-10.1 Sch