Bill 35 (Legislature 18, Session 1)

L18 S1 5487

Alberta — Bills

1975 Bill 35 ( Second Session"') First Session, 18th Legislature, 24 EliiJlb~II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 35 THE LEGISLATIVE ASSEMBLY AMENDMENT ACT, 1975 HONOURABLE MR. HYNDMAN First Reading ........................ . Second Reading ............................ . Third Reading ............................. . Printed by the Queen's Printer for the Province of Alberta, EDMONlON

Bill 35 BILL 35 1975 (Second Session) THE LEG'ISLATIVE ASSEMBLY AMENDMENT ACT, 1975 ( Assented to , 1975) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Legislative Assembly Act is hereby amended.

Section 10, subsection (4) is amended by adding the word "or" at the end of clause (

d) and by adding the follow ing clauses after clause (d): (

e) any person who is a member of a board, com mission or other body created by

an Act of the Legislature and who holds office as a member at the nomination of the Lieutenant Governor in Council, other than a person who is a mem ber of any of the following: (

i) the Alberta Assessment Appeal Board; (ii) the Alberta Assessment Equalization Board; (iii) The Alberta Educational Communications Corporation; (iv) the Alberta Human Rights Commission; (

v) The Alberta Liquor Control Board; (vi) the Alberta Racing Commission; (vii) the Alberta Securities Commission; (viii) the Board of Directors of the Alberta Opportunity Company; (ix) the Board of Industrial Relations; (

x) The Crimes Compensation Board; (xi) the Driver Control Board; (xii) the Energy Resources Conservation Board;

Explanatory Notes I. This Bill will amend

chapter 2014 of the Revised statutes of Alberta 19'7'0. 2.

Section 10 (1) and (4) presently read: 10.

(1) Except as hereinafter particularly provided, a person (

a) accepting or holding any office, commission or employment either (D in the service of the Government of Canada, or (ii) in the service of the Government of Alberta, at the nomination of the Crown or of the Lieutenant Governor and to which is attached a salary, or any fee, allowance or emolument in lieu of a salary, from the Crown or from the Province, or (

b) accepting or holding any office, commission, or employment of profit at the nomination of the Crown, or of the Government, or of any head of a department in the Government of Alberta, whether the profit is or is not payable out of the public funds, is not eligible to be a member of the Legislative Assembly, or to sit or vote m the Legislative Assembly during the time he holds the office, commission or employment.

(4) Nothing in this

section renders ineligible to be a member of the Legisla- tive Assembly. (

a) any person who is a member of the Executive Council. or (

b) any officer of the Canadian Forces, or (

c) any officer in the militia or militiaman, except officers on the staff of the militia receiving permanent salaries, or (

d) any justice of the peace, coroner or notary public.

(xiii) the Land Compensation Board; (xiv) the Law Enforcement Appeal Board; (xv) the Local Authorities Board; (xvi) The Motor Transport Board; (xvii) the Provincial Planning Board; (xviii) the Public Utilities Board; (xix) the Surface Rights Board; (xx) The Workers' Compensation Board; or (

f) a person holding office as a member of the board of directors of Syncrude Canada Limi ted at the nomination of the Crown in right of Alberta or any person acting on behalf of the Crown in right of Alberta.

Section 14 is amended (

a) as to subsection (1) by striking out all that portion of the subsection following clause (

a) and by sub stituting the following: (

b) serving as a delegate to any meeting of the Canadian Parliamentary Association or any committee or sub-committee thereof or to any meeting held under the auspices of the Cana dian Parliamentary Association or the Com monwealth Parliamentary Association, or (

c) attending any meeting or event as a represen tative of the Legislative Assembly, the Speak er of the Assembly, the Government of Alber ta or a Minister of the Crown, may accept reasonable travelling and living expen ses in connection therewith, and the a,cceptance of such expenses does not render that memher inelig ible to be a member of the Legislative Assembly or to sit or vote in the Assembly. (

b) by striking out subsection (2) and by SUbstituting the following: .

(2) Notwithstanding any other provision of this Act, a person is not ineligible to be 'a member of the Assembly or to sit or vote in the Assembly by reason only of (

a) the acceptance by the member of the Assem bly of any fees or of any reasonable travelling or living expenses while serving as a member, at the nomination of the Lieutenant Governor in Council, of a board, commission or other body created by

an Act of the Legislature, whether such fees or expenses are paid by that 2

Section 14 presently reads: 14.

(1) Notwithstanding any other provision of this Act, a member of the Legislative Assembly (

a) serving on a commission or committee appointed either by the Legisla tive Assembly or by the Lieutenant Governor in Council. or (

b) serving as a delegate to any meeting of the Commonwealth Parliamen- tary Association, may be paid such sum of money for travelling expenses and subsistence in connection therewith as the Lieutenant Governor in Council deems proper. and the receipt of any such money does not render that member ineligible to be a member.

(2) Where no fixed amount has been provided for travelling and SUbsistence expenses of committees, commissions or delegates, the money shall only be paid to a member upon the member furnishing vouchers or such other evidence of payments made by him as is considered sufficient. 2

b'Oard, c'OmmISSIOn 'Or 'Other b'Ody 'Or by the G'Overnment or by b'Oth, but 'Only if (

i) in the case 'Of fees, the rate 'Of fees is pre scribed by the Lieutenant G'Overn'Or in C'Ouncil, and (ii) in the case 'Of expenses, the Lieutenant G'Overn'Or in C'Ouncil als'O auth'Orizes the acceptance 'Of reas'Onable travelling and living expenses by that member; (

b) the acceptance by the member 'Of the Assembly 'Of fees 'Or of reasonable travelling 'Or living expenses while serving 'On the b'Oard 'Of direc t'Ors 'Of Syncrude Canada Limited at the n'Om inati'On 'Of the Crown in right 'Of Alberta 'Or a pers'On acting 'On behalf 'Of the Crown in right 'Of Alberta but only if (

i) in the case 'Of fees, the rate 'Of fees is pre scribed by the Lieutenant G'Overn'Or in C'Ouncil, and (ii) in the case of expenses, the Lieutenant Governor in Council als'O auth'Orizes the acceptance 'Of reas'Onable travelling and living expenses by that member; (

c) the use by the member 'Of any service 'Or thing if the c'Ost of pr'Oviding that service 'Or thing is paid fr'Om m'Oneys appr'Opriated by the Legislature for that purp'Ose.

(3) F'Or the purposes 'Of this secti'On, (

a) a member of the Assembly accepts travelling 'Or living expenses when he accepts reimburse ment f'Or those expenses 'Or when the expenses are paid by the Government 'Or the b'Oard, c'Ommissi'On 'Or 'Other b'Ody, as the case may be, directly t'O the pers'On entitled to payment in respect of th'Ose expenses; (

b) the Provincial Audit'Or shall determine in each case the reas'Onableness of any travelling 'Or living expenses in the absence 'Of an 'Order 'Of the Lieutenant G'Overn'Or in Council that fixes the am'Ount 'Of those expenses; (

c) any registrati'On fee payable in c'Onnecti'On with the attendance by a member 'Of the Assembly a t any meeting 'Or event shall be deemed t'O be a reasonable travelling or living expense. ( 4 ) The Pr'Ovincial Treasurer shall, after the end 'Of each G'Overnment fiscal year, prepare a report sh'Owing (

a) the names of each board, commission or other b'Ody referred t'O in subsection (1), clause (a) 3

or subsection (2) and the members of the As sembly who served on those boards, commis sions or other bodies during that fiscal year, and (

b) the amounts paid in that fiscal year by the Government as fees and as travelling and liv ing expenses under this

section in respect of each member of the Assembly and the persons to whom and when those amounts were paid, and upon preparation of the report shall lay the report before the Assembly, if it is then sitting or, if it is not then sitting, shall lay the report before the Assembly within 15 days after the commencement of the next sUting of the Assembly. 4. This Act comes into force on the day upon which it is assented to. 4 Title: 1975 (18th, 1st) Bill 35, The Legislative Assembly Amendment Act, 1975

Document details

Collection	Alberta — Bills
Citation	L18 S1 5487
Type	bill
Volume / chapter	L18 S1 5487
Language	en
Format	json
Source	PROVINCIAL
Identifier	625934abacc5f6c8ad3651458ee65fcec61106cf

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