1992 Legislative Session: 1st Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 3rd day of July, 1992
Ian D. Izard, Law Clerk.
MINISTER OF GOVERNMENT SERVICES
Contents
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HER MAJESTY, by and with the advice and consent of the Legislative Assemblyof the Province of British Columbia, enacts as follows:
1 In this Act
"additional party" means a political party with 4 or more members in the Legislative Assembly but does not include the government party or official opposition party;
"chair of the Government Caucus" means the member of the Legislative Assembly designated as such by the government party;
"chair of the Official Opposition Caucus" means the member of the Legislative Assembly designated as such by the official opposition party;
"committee" means the Legislative Assembly Management Committee established by section 2;
"Government House Leader" means the member of the Executive Council named as such by the Premier;
"Legislative Precinct" means
(a) the Parliament Buildings,
(b) other buildings in Victoria or parts of them that are from time to time occupied and used by members of the Legislative Assembly for the purpose of their parliamentary duties including any premises from time to time occupied by officers and staff of the Legislative Assembly, and
(c) other land or buildings or both, other than constituency offices, designated by minute of the committee;
"Opposition House Leader" means the member of the Legislative Assembly named as such by the Leader of the Official Opposition;
"Speaker" means, subject to section 6, the person holding office as such under section 42 of the Constitution Act.
2 (1) The Legislative Assembly Management Committee is established consisting of the following members of the Legislative Assembly:
(a) the Speaker;
(b) the minister;
(c) the Government House Leader;
(d) the chair of the Government Caucus;
(e) the Opposition House Leader;
(f) the chair of the Official Opposition Caucus;
(g) one member appointed from each additional party by the members of that party;
(h) for each member appointed under paragraph (g) one additional government member from the Government Caucus appointed by the Government House Leader.
(2) The members of the committee referred to in subsection (1) (g) and (h) must be appointed within 45 days from the polling day for the general election that preceded the Parliament.
(3) The first meeting of the committee must be held within 14 days of the appointment of the members referred to in subsection (1) (g) and (h).
(4) A member of the committee referred to in subsection (1) (b) to (h) may appoint a designate to take the member's place at a meeting of the committee.
(5) The Speaker is the chair of the committee and in the Speaker's absence the Deputy Speaker may act as chair and, with respect to the business of the committee, exercise the powers of the Speaker.
(6) A quorum of the committee is 5 members of the committee consisting of
(a) the Speaker, or in the Speaker's absence, the Deputy Speaker,
(b) 3 of the persons referred to in subsection (1) (b), (c), (d) or (h), and
(c) one of the persons referred to in subsection (1) (e), (f) or (g).
(7) Each member of the committee other than the chair has a vote, and if the votes are equal the chair shall have a deciding vote.
(8) The members of the committee or their designates must attend all meetings of the committee as and when called by the chair, unless prevented from so doing by reason of illness or for other unavoidable reason.
3 (1) The committee has jurisdiction to deal with all matters affecting
(a) subject to any other enactment and any rules of conduct established by the Legislative Assembly, policies for the administration of the Legislative Assembly and for the conduct of the members of the Legislative Assembly,
(b) the provision of security, facilities and services, including allocation within the Legislative Precinct, that are required for the effective functioning of the Legislative Assembly,
(c) the appointment, supervision and management of staff of the Legislative Assembly, other than permanent officers of the Legislative Assembly,
(d) review of estimates of expenditure for the Legislative Assembly for Vote 1 including the preparation of forecasts and analyses of expenditures and commitments of the Legislative Assembly,
(e) payments to members of the Legislative Assembly to defray expenses in the performance of their duties including
(i) expenses for residence in Victoria during the legislative session and for any additional periods specified by the committee, and
(ii) other expenses associated with travel, service on legislative committees when the Legislative Assembly is not in session and protocol expenses,
(f) payments or services to members for constituency offices, including payments or services for staffing, maintaining the offices, communication expenses and travel expenses, and
(g) other matters necessary for the efficient and effective operation and management of the Legislative Assembly.
(2) Subsection (1) (b) does not empower the committee to allocate space or provide services within the Legislative Precinct that are necessary for
(a) ministerial offices,
(b) ministerial administration and support staff, or
(c) the functioning of Executive Council.
4 (1) Subject to any direction of the committee, the Speaker is responsible for the day to day administration of the Legislative Assembly.
(2) The committee may delegate any of its powers to the Speaker.
5 (1) The committee may determine its own procedures.
(2) The committee shall speak by minute duly adopted by the committee.
(3) The committee may authorize payment of reasonable and actual expenses incurred by its members
(a) for attendance at meetings of the committee while the Legislative Assembly is adjourned or prorogued, or
(b) while engaged in the work of the committee while the Legislative Assembly is adjourned or prorogued.
(4) The committee shall cause its accounts or financial procedures to be examined and reported on each fiscal year by a qualified person or firm appointed by the committee.
(5) No member of the Public Service is eligible to be appointed under subsection (4).
(6) The Auditor General may examine the accounts and financial procedures of the committee and report to the Speaker at the times that the Auditor General considers appropriate.
(7) Subsection (6) does not restrict the Auditor General from reporting to the Legislative Assembly on any other matter that the Auditor General considers to be in the public interest including the matters within the jurisdiction of the committee under section 3.
(8) The committee shall promptly file its minutes and the reports referred to in subsections (4) and (6) with the Clerk of the Legislative Assembly who shall
(a) make the minutes and reports available to any person for inspection without charge and during normal business hours, and
(b) provide a copy of the minutes and reports on payment of a reasonable copying charge.
(9) The committee shall report annually to the Legislative Assembly on the decisions made by the committee during the previous year and the report shall include the reports referred to in subsections (4) and (6).
6 (1) After ordinary polling day in a general election, the person holding the office of Speaker immediately before ordinary polling day shall for the purposes of this Act be deemed to continue in office as Speaker until a Speaker designate is named.
(2) Subsection (1) does not apply if the Speaker is not re-elected at the general election, and in that event the person who last held the office of Deputy Speaker shall for the purposes of this Act be deemed to be the Speaker until a Speaker designate is named.
(3) If a Speaker designate is named, he or she is deemed to be Speaker for the purposes of this Act.
(4) If neither the Speaker nor the Deputy Speaker is re-elected at the general election, a committee consisting of the minister, the Government House Leader and the Opposition House Leader shall carry on the day to day administration of the Legislative Assembly until a Speaker designate is named.
7 If there is any conflict or inconsistency between
(a) this Act or a minute of the committee issued under this Act, and
(b) the Financial Administration Act or any regulation or directive made or given under it,
then, despite the Financial Administration Act, this Act or the minute of the committee prevails.
8 Despite section 2 (2), when this Act comes into force the members of the committee referred to in section 2 (1) (g) and (h) must be appointed within 14 days.
9 The Legislative Assembly Board of Internal Economy Act, S.B.C. 1987, c. 26, is repealed.
10 The definition of "Board of Internal Economy" in section 1 of the Legislative Assembly Allowances and Pension Act, R.S.B.C. 1979, c. 228, is repealed and the following substituted:
"Legislative Assembly Management Committee" means the Legislative Assembly Management Committee established by the Legislative Assembly Management Committee Act; .
11 Section 2 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to section 3 (1) (e) of the Legislative Assembly Management Committee Act, a member of the Legislative Assembly shall be paid an annual indemnity and expense allowance at the rates that were payable to a member on April 1, 1992. , and
(b) by repealing subsection (1.2) and substituting the following:
(1.2) The Capital City allowance shall be paid in amounts and at the times determined by the Legislative Assembly Management Committee.
12 Section 2.1 (1) is repealed and the following substituted:
(1) A member shall be paid an in-constituency expense allowance in an amount and at the times determined by the Legislative Assembly Management Committee.
(1.1) Until such time as the Legislative Assembly Management Committee makes a determination under subsection (1), a member shall be paid an in-constituency allowance in an amount and at the times that were determined by the Board of Internal Economy, under the former Legislative Assembly Board of Internal Economy Act, prior to the coming into force of the Legislative Assembly Management Committee Act.
13 Section 3 is amended
(a) in subsections (1), (2), (3), (3.1) and (3.2) by striking out "a rate directed by the Board of Internal Economy." and substituting "the rate that was payable on April 1, 1992." , and
(b) by repealing subsection (7) and substituting the following:
(7) The chair of a select standing, select or special committee of the Legislative Assembly shall be paid the salary that was payable on April 1, 1992.
14 Section 7 (1) (b) is amended by striking out "a salary directed by the Board of Internal Economy." and substituting "the salary that was payable on April 1, 1992."
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Copyright © 1992: Queen's Printer, Victoria, British Columbia, Canada