Fourth

Session, 45th General Assembly

Elizabeth II, 2007

BILL 33

AN ACT

RESPECTING THE EFFECTIVE ADMINISTRATION OF THE HOUSE OF ASSEMBLY, THE

STANDARDS OF CONDUCT OF ELECTED MEMBERS, AND THEIR

ETHICAL AND

ACCOUNTABLE BEHAVIOUR

Received and Read the First Time ............................................................................ June

13, 2007

Second Reading .......................................................................................................... June 14,

Committee ..............................................................................................

Amendment

June 14, 2007

Third Reading .............................................................................................................. June 14,

Royal Assent ......................................................................................................................................

HONOURABLE THOMAS G. RIDEOUT

Government House Leader

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

The purpose of this Bill is set out

in the

Long Title.

A BILL

AN ACT RESPECTING THE

EFFECTIVE ADMINISTRATION OF THE HOUSE OF ASSEMBLY, THE STANDARDS OF CONDUCT OF

ELECTED MEMBERS, AND THEIR ETHICAL AND ACCOUNTABLE BEHAVIOUR

Analysis

Short title

Definitions

Purpose

PART

HOUSE OF ASSEMBLY

Composition of House of Assembly

Oath or affirmation of member

Speaker term of office

House officers

Oath of clerk

Oath of clerk assistant

Inability of clerk to act

PART

PAYMENTS TO MEMBERS

Salaries, expenses, severance and

pensions

Other remuneration

Time at duties

Commencement and termination dates

Adjustments to salaries, expenses and

severance

Inquiry re: salaries

Payment from CRF

PART

III

HOUSE OF ASSEMBLY MANAGEMENT COMMISSION

House of Assembly Management Commission

Proceedings of the commission

Duties and responsibilities of

commission

Individual duties of commission members

Orientation and training

Audit committee

Advance rulings on allowance use

PART

HOUSE OF ASSEMBLY OPERATIONS

House of Assembly service

Estimates

Payment

Clerk

Financial administration of allowances

and expenses

General duties of clerk

Clerk to account to Public Accounts

Committee

Subordinate offices

Reporting of proceedings

Suspension of employees

PART

ETHICS AND ACCOUNTABILITY

Codes of conduct

Request for opinion

Inquiry

Report

Penalties

Concurrence of House of Assembly

Suit for compensation allowed

Examination of member

Audit

Access to books

Improper retention of public money

Financial Administration Act

Public Accounts Committee

Application of Acts

Further duties of commission

Manual

Annual report of speaker

Review of allowance use

Enforcement of Duties

PART

PUBLIC INTEREST DISCLOSURE

Interpretation

Disclosure of wrongdoing

Confidentiality of Identity

Referral for investigation

Investigation

No reprisal

Misleading statements and obstruction

Offence

Legal advice

Limitations on civil remedies

PART

VII

RULES

Rules

PART

VIII

MISCELLANEOUS, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

Construing of Act

Offence

SNL2002 cA-1.1 Amdt.

RSNL1990 cH-10 Amdt.

RSNL1990 cS-27 Amdt.

General Amdt.

Repeal

71.1

Transitional

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 .

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"

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 (5);

(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 Members' Interests,

(iii) Child

and Youth Advocate,

(iv) Information

and Privacy Commissioner,

(

v) Citizen's

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.

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 the

responsibility of administration of operations of the House of Assembly service

and the statutory offices.

PART I

HOUSE OF ASSEMBLY

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 .

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").

Speaker term of

office

6. For the purpose of this Act, the speaker in

office following the dissolution of the House of Assembly is considered to be

speaker until a new speaker is chosen by the House of Assembly.

House officers

(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.

Oath of clerk

(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").

Oath of clerk

assistant

(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") .

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.

PART II

PAYMENTS

TO MEMBERS

Salaries,

expenses, severance and pensions

(1) A member is entitled, effective July 1, 2007 , to be paid an annual salary of $92,580 payable in 26

equal installments, 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 or 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.

Other

remuneration

(1) A member who

also holds one of the following positions shall be paid an additional salary,

effective July 1 2007 , as follows:

(

a) speaker, $52,497;

(

b) deputy speaker

and chair of committees, $26,246;

(

c) deputy chair of

committees, $13,123;

(

d) leader of the opposition,

$52,497;

(

e) opposition house

leader, $26,246;

(

f) deputy opposition

house leader, $17,919

(

g) leader of a

recognized third party, $18,367;

(

h) p arty whip, $13,123;

(

i) caucus chairperson,

$13,123;

(

j) chairperson, public

accounts committee, $13,123; and

(

k) v ice chairperson-public

accounts committee, $10,032.

(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).

Time at duties

(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;

(

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 19.1 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).

(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.

Commencement and termination dates

(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 date of

the next following election, whichever first occurs.

(2) Notwithstanding

subsection (1), a member may not claim reimbursement of expenses under

subsection 11 (2) from and after the date an election is called

where those expenses relate to partisan political activities or election

activities.

Adjustments to

salaries, expenses and severance

(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) Notwithstanding

subsection (1), the salary of a member under subsection 11 (1) and the salaries for the positions referred to in subsection 12 (1) shall be adjusted annually on July 1 by a percentage equivalent to

the annual increase given in the previous year in the executive pay plan of the

government until the next members' compensation review committee appointed

under

section 16 reports, and amendments are made under subsection

(1) in response to the recommendations of that committee.

(3) Subsection (2)

shall cease to have effect following the submission of the next members'

compensation review committee, and the appropriateness and manner of providing

for periodic increases in a member's salary during the period between the

appointments of subsequent 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.

Inquiry re:

salaries

(1) Beginning

with the Forty-Sixth General Assembly, t he House of

Assembly shall, at least once during each General Assembly, by resolution

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.

(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.

Payment from

CRF

17. All salaries, allowances and expenses payable under

this Act shall be paid out of the Consolidated Revenue Fund.

PART III

HOUSE

OF ASSEMBLY MANAGEMENT COMMISSION

House of

Assembly Management Commission

(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.

(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 party, other than the government party or the official opposition party,

having a member elected to the House of Assembly, the member chosen for the

purpose 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.

(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 provided that at least one member

representing a party in opposition to the government, and the speaker or deputy

speaker, shall be present.

(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.

Proceedings of

the commission

(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,

(

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 .

Duties and

responsibilities of commission

(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), the financial and management

policies of the government shall apply to the House of Assembly and statutory

offices except to the extent that they may be modified by directive of the

commission.

(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 within 90 days

after the end of a fiscal year;

(

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 within 90 days after the end of the

fiscal year to which it 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.

Individual duties of commission members

(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.

Orientation and

training

(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) 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.

Audit committee

(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;

(

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.

Advance rulings on allowance use

(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.

PART IV

HOUSE

OF ASSEMBLY OPERATIONS

House of Assembly

service

(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.

Estimates

(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.

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.

Clerk

(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 .

Financial administration

of allowances and expenses

(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.

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.

Clerk to

account to Public Accounts Committee

(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.

Subordinate

offices

(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 Citizen's

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(5) 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.

Reporting of proceedings

33. The commission may make arrangements for the reporting

and publishing of the proceedings of the House of Assembly.

Suspension of

employees

(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;

(

b) to the

commission where the person has not been appointed by the Crown.

PART V

ETHICS

AND ACCOUNTABILITY

Codes of

conduct

(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 by 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.

Request for

opinion

(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.

Inquiry

(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 decides to conduct 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.

Report

(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.

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.

Concurrence of House

of Assembly

(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.

Suit for compensation allowed

(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.

Examination of member

(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.

Audit

(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 .

(4.1) 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.

(5) 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.

(6) 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 .

(7) 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.

(8) 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.

(9) 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.

Access to books

44. The auditor general, another auditor appointed under

section 43 and the comptroller general shall, for the purposes

(

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.

Improper

retention of public money

(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.

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.

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.

Application of

Acts

(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 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.

Further duties of commission

(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.

Manual

(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.

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 .

Review of allowance

use

(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.

Enforcement of

Duties

(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.

PART VI

PUBLIC

INTEREST DISCLOSURE

Interpretation

(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 citizen's representative appointed under the Citizen's 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 persons 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)(a), where a

disclosure referred to in subsection 55

(1) relates to the citizen's representative, the commissioner shall be the

investigator for the purpose of this Part.

Disclosure of wrongdoing

(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,

(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.

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.

Referral for

investigation

57. A person to whom a disclosure is made shall refer the

matter to the investigator for investigation.

Investigation

(1) T he 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.

No reprisal

(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.

Misleading statements

and obstruction

(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).

Offence

(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.

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.

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.

PART VII

RULES

Rules

(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.

PART VIII

MISCELLANEOUS, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

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.

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.

SNL2002 cA-1.1 Amdt.

(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,

(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.

RSNL1990 cH-10 Amdt.

(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".

RSNL1990 cS-27 Amdt.

(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.

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 ".

Repeal

(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.

Transitional

71.1

(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.

Commencement

(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 .

Schedule

RULES

Analysis

Short title

Definitions

PART

PURPOSES AND PRINCIPLES

Purpose

Presumptions

Principles

Member responsibility

Restrictions on claims

Member personal liability

PART

RECORDS AND DISCLOSURE

Records

Monthly reports

Statements

Public access to statements

Speaker requirements

PART

III

ALLOWANCES AND CLAIMS

Categories of allowances

Disagreement with speaker decision

Forms and documentation

Processing of claims

PART

OFFICE ALLOWANCES

Eligibility for office expenses

Eligibility for constituency office

accommodation

Nature and location

Renting from self

Changing arrangements

Eligibility for space

Office operations, supplies and

communications allowance

PART

MEMBERS OPERATIONAL RESOURCES

Standard office allocation

Support staff

Other resources

PART

TRAVEL AND LIVING ALLOWANCE

Definitions

Principles

Types of travel and living allowance

Travel and living allowances: residence

outside capital

Sessional

travel and living allowances: residence within capital

Travel and living allowances: residence

outside capital and constituency

No banking of weekly travel

Intersessional

travel and living expenses: residence outside capital

Intersessional

travel and living expenses: residence within capital

Intersessional

travel and living expenses: residence outside capital and constituency

Intra constituency travel allowance

Extra constituency travel allowance

Modes of travel

Accommodation expenses

Restriction on meal allowance

Special circumstances

Budgetary requests

PART

VII

COMMITTEE ALLOWANCE

Committee allowance

PART

VIII

CONSTITUENCY ALLOWANCE

Expenses related to constituency work

Prohibition

Schedule

Short title

These rules may be cited as the Members'

Resources and Allowances Rules .

Definitions

In these rules

(a) " Act" means the House of

Assembly Accountability, Integrity and Administration Act ;

(b) " allowance " means a category of allowance referred to in

section

14 ;

(c)

" associated person" means

(

i) a person who is not

at arm's length,

(ii) a related person, and

(iii) an associated corporation,

within the meaning of the Income Tax Act ( Canada );

(d) " capital region" means the area encompassing the following

electoral districts as described and delineated in the House of Assembly Act

as follows:

(

i) Cape St. Francis,

(ii) Conception

Bay East & Bell Island ,

(iii) Conception

Bay South,

(iv) Kilbride ,

(

v) Mount Pearl ,

(vi) Ferryland (North of Witless Bay Line),

(vii) St.

John's

Centre,

(viii) St.

John's East ,

(ix) St.

John's North ,

(

x) St.

John's South ,

(xi) St.

John's West ,

(xii) Signal Hill-Quidi Vidi,

(xiii) Topsail,

(xiv) Virginia Waters, and

(xv) Waterford

Valley ;

(e) " comptroller general" means the Comptroller General as

defined in the Financial Administration

Act ;

(f) "constituency business" means an activity directly

connected with a member's responsibilities as a member in relation to the

ordinary and proper representation of electors and their families and other

residents in the constituency, but does not include partisan political

activities;

(g) "direct",

"directed" and "directive" mean a direction or directive

made by the commission in accordance with the Act; and

(h) "House",

unless the context indicates otherwise, means the House of Assembly service as that phrase is understood in

the House of Assembly Accountability, Integrity and Administration Ac t .

PART I

PURPOSES AND PRINCIPLES

Purpose

The purpose of these rules is

(

a) to provide resources to members to assist them to fulfill

their public duties and responsibilities as members of the House, for the

benefit of the residents of the province;

(

b) to promote accountability in, and transparency with respect

to, the expenditure of public funds; and

(

c) to facilitate public understanding of the use of public

funds in fulfillment of members' obligations.

Presumptions

(1) Where the

commission makes a direction or requires an action, that direction or

requirement shall be made in writing or evidenced by written minutes of the

proceedings or decision of the commission.

(2) The

clerk may establish the forms necessary for the purposes of the implementation

of these rules.

(3) Notwithstanding

subsection (2), the commission may by directive, establish forms necessary for

the implementation of these rules.

(4) Where

in these rules an expense claim is permitted, that claim shall be made for the

time and amount permitted under these rules or as directed or limited by the

commission.

(5) Where

the clerk or speaker makes a ruling that approves additional expenditures

greater than that authorized under these rules the clerk or speaker shall

report his or her approval at the next meeting of the commission and a notation

of that approval shall be recorded in the minutes of the commission.

Principles

(1) All claims and invoices submitted by

or on behalf of a member or to provide resources to a member and all payments

and reimbursements made under these rules shall

(

a) be submitted and made in accordance with the purpose and

intent of the Act and these rules;

(

b) be submitted by or on behalf of a member and made only if,

and in a manner that does not call into question the integrity of the member

and the House;

(

c) be documented and supported in accordance with sound financial

management principles;

(

d) not relate to partisan political activities; and

(

e) shall not relate to a personal benefit to a member or an associated

person of a member.

(2) The

clerk and all staff of the House shall, subject to directives and approval of

the commission, develop and maintain proper administrative and financial

policies and procedures with respect to documentation to be provided in support

of claims and invoices submitted for reimbursement or payment, and the clerk shall

include those policies and procedures in the manual.

(3) The

commission shall periodically, and at least once every year, review the

adequacy of the policies and procedures being applied by the clerk and staff of

the House and may direct changes that it considers appropriate to those

policies and procedures to improve controls and accountability.

Member responsibility

(1) A member

making or incurring an expenditure is the person responsible for compliance

with requirements for claims, payments and reimbursements of expenses under the

Act and these rules.

(2) A

member is not relieved of his or her responsibility under subsection (1) either

because he or she has delegated that responsibility to a constituency assistant

or another person or because a claim has been accepted for payment by an

official of the House or has been paid by the comptroller general.

(3) A

member may be required to certify to the clerk, the commission or an auditor of

the House that an expense that he or she is claiming or has claimed payment or

reimbursement for has been actually incurred in compliance with the Act, these

rules and directives of the commission.

(4) A

member is responsible for maintaining appropriate records, operating his or her

constituency office and engaging and training support staff in a manner that

will facilitate compliance with the Act, the rules, directives and the manual.

(5) A

member who is entitled to claim reimbursement under the Act and these rules for

expenses or for daily amounts or mileage in accordance with policies relating

to ministers, parliamentary assistants or other officers who,

(

a) engages in activity; or

(

b) travels in circumstances,

where the activity or travel relates both to

constituency business and business governed by those policies, shall prorate

the claim based on the proportion of time spent on constituency business.

Restrictions on claims

(1) Allowances allocated to a member may

be expended by that member during a fiscal year.

(2) A

claim against an allowance for a payment or reimbursement shall be made in

respect of the fiscal year in which the expenditure was made or incurred, and

shall be submitted and received by the clerk not more than 30 days after the

end of that fiscal year.

(3) An expenditure shall be considered to

have been made or incurred when the goods and services to which that

expenditure relates have been received.

(4) An

unused balance of an allowance of a member at the end of a fiscal year may not

be carried over for use in the following fiscal year.

(5) A

purported expenditure or commitment to an expenditure by a member that exceeds

the maximum allowed for that category of expenditure shall not be carried

forward and reimbursed or paid from an allowance available in the next fiscal

year unless it amounts to a precommitment of

expenditure in a future fiscal year that is authorized by a directive or in

accordance with a minute of the proceedings of the commission.

(6) A

claim against an allowance for payment or reimbursement shall not be made more

than 60 days after the date on which the expenditure was made.

Member personal liability

(1) Where a member makes an expenditure or

a commitment to an expenditure that exceeds the maximum allowed for that

category of expenditure in a fiscal year, he or she shall be personally

responsible for payment of that expenditure unless it amounts to a

pre-commitment of expenditure in a future fiscal year that is authorized by

directive or minute of the commission.

(2) Where

through inadvertence or otherwise a claim made by a member is paid from public

funds and it is discovered that the claim should not have been paid or honoured because it was in excess of the maximum allowed

for that category of expenditure, the member is liable for repayment of that

amount to the extent of the excess and shall, upon request by the comptroller

general, immediately pay that excess amount to the Consolidated Revenue Fund.

PART II

RECORDS AND DISCLOSURE

Records

(1) A member shall keep records of all

(

a) expenditures made or committed; and

(

b) claims made against allowances,

by him or her, together with copies of supporting

documents for those expenditures and claims.

(2) A

member shall make the records referred to in subsection (1) available for

inspection and copying by the speaker, the auditor general another auditor

employed by the commission on behalf of the House and the comptroller general.

Monthly reports

(1) Before the twenty-first day of each

month, the clerk shall prepare and provide to each member a written report

outlining for the preceding month

(

a) reimbursements made to the member; and

(

b) payments made on the member's behalf,

together with

(

c) a statement highlighting the total amount spent by the member

during the current fiscal year in each category of allowance; and

(

d) the amount in each category that remains unspent or uncommitted

for the current fiscal year.

(2) The

clerk shall advise the speaker and a member whenever the amount spent by that

member, expressed as a percentage of the total allowable allowance permitted

for that year, is an amount that is in excess of more than 10% of the amount

permitted for the portion of the fiscal year that has elapsed and the allowance

amount permitted for the fiscal year shall be considered to be allocated in equal

monthly amounts throughout that year.

(3) An

electronic system accessible by a member from which he or she may obtain the

information required under subsection (1) shall be considered to satisfy the

requirements of that subsection.

Statements

(1) Twice in each fiscal year the clerk

shall prepare a statement summarizing by category of expenditure the amounts

paid in respect of which claims were made and paid against the allowances that

each member is entitled to access.

(2) The

clerk shall provide each statement prepared under subsection (1) to the member

to whom the statement relates for review and approval by that member.

(3) Within

21 days of receipt of a statement under this section, a member shall sign the

statement acknowledging its accuracy or may state in writing to the speaker

objections that he or she has with respect to its accuracy.

(4) Failure

to respond to the statement within the time specified under subsection

(3) shall be considered to be an acceptance by the member of its accuracy.

(5) A

statement prepared under this

section that is sent by ordinary mail shall be

considered to have been received 5 days after its date of posting.

Public access to statements

(1) After the expiration of 21 days

referred to in subsection

11 (3), a member shall

(

a) file

a copy of the statement, together with any objection in response and that copy

shall be kept on file in his or her constituency office, or in his or her

residence in the constituency if the member does not maintain a constituency

office; and

(

b) make a copy of the statement and any objection available for

inspection by any person within a reasonable time of receiving the request for

inspection.

(2) Notwithstanding

subsections (1) and 11(1), the clerk may, for the purpose of public access

under

section

13 , have the name of a payee in respect of whom a

claim or payment is made or other information that could reasonably be said to

identify a payee, suppressed from a statement where, in the opinion of the

speaker, the privacy interest of a person who is not a member outweighs the

interest of the public in having full and complete disclosure of a member's use

of public funds.

Speaker requirements

(1) The clerk shall maintain and file a

copy of statements prepared under

section 11 , and

objections in response, in the office of the speaker and shall make them

available for inspection by persons within a reasonable time after the making

of the request for inspection.

(2) The

clerk shall post for public access and inspection a copy of each statement and

objections, on a website maintained and operated by or on behalf of the office

of the speaker.

(3) A

statement prepared under

section 11 need not be

maintained by the member or the clerk for public inspection after 5 years

following the end of the fiscal year to which the statement relates.

PART III

ALLOWANCES AND CLAIMS

Categories of allowances

(1) A member may claim from public monies

payment or reimbursement against the following categories of allowances:

(

a) office allowances;

(

b) operational resources;

(

c) travel and living allowances; and

(

d) constituency allowances.

(2) Unused

portions of an allowance in a fiscal year shall not be transferred to another

allowance for use by the member in respect of the type of expenditures

contemplated for that other allowance.

(3) An

allowance provided for in these rules shall include harmonized sales tax as

defined in the agreement of the Tax Agreement Act and other taxes

imposed on the sale or use of goods and services by the government of the

province or of Canada .

Disagreement with speaker decision

(1) Except in

circumstances referred to in sections 24 and

52 of the Act, a member who is dissatisfied with a decision of the clerk

made under these rules may appeal that decision to the commission.

(2) A

decision of the commission with respect to an appeal under subsection (1) shall

be made not more than 45 days after receipt of the member's appeal by the

commission, is final and the decision and reasons for that decision shall be recorded

in the minutes of the commission.

(3) The

commission shall determine and direct the procedure to be followed for dealing

with an appeal contemplated under this section.

Forms and documentation

(1) A member shall claim payment or

reimbursement in respect of an allowance in the manner and on the forms

prescribed by the clerk or as directed by the commission.

(2) A

form prescribed by the commission shall contain a provision whereby the member

shall be required personally to certify that the expenses to which the claim

relates were actually incurred in compliance with the Act, these rules and

applicable directives of the commission.

(3) A

member's claim shall not be paid unless, in the opinion of the clerk, there is

sufficient documentation supplied verifying that each

expenditure of the member was incurred.

(4) A

member's claim, except a daily allowance or mileage claim,

shall not be paid unless it is supported by the original invoice together with

the instrument evidencing payment, such as a credit card voucher or

notification, debit card voucher, cancelled cheque or

cash receipt.

(5) Where

an original document is unavailable, a copy, photocopy, faxed copy or statement

itemizing the expenditure may be accepted by the clerk upon provision of an

explanation, in writing, for the absence of the original.

Processing of claims

The clerk shall ensure that the processing of

member claims, including their acceptance, verification and approval for payment

under these rules is undertaken in accordance with proper principles of internal

control.

PART IV

OFFICE ALLOWANCES

Eligibility for office expenses

(1) A member may seek reimbursement or

have payment made on his or her behalf, for the provision of office expenses in

order to conduct his or her constituency business.

(2) The

maximum allowance available to a member for each category of office expenses is

as follows:

(

a) constituency office accommodation allowance, $7,000; and

(

b) office operations and supplies allowance, $15,000.

(3) Notwithstanding

the limits imposed under paragraph (2)(a), the speaker may, on application in

writing by a member, authorize that member to exceed his or her maximum

constituency office accommodation allowance where the speaker determines that

suitable accommodation cannot be obtained at a cost equal to or less than the

allowed maximum.

(4) Where

the speaker makes a decision under subsection (3), to authorize an increased

allowance, he or she shall, in writing, report that decisi