GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Parliament of Canada Act — P-1 33
Persons exempt from ineligibility 33 (1) Nothing in this Division renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any person by reason only that the person (a) is a member of Her Majesty’s forces who is on active service as a consequence of war; (b) is a member of the reserve force of the Canadian Forces who is not on full-time service other than active service as a consequence of war; or (c) accepts the payment out of public moneys of Canada of travel expenses incurred while on the public business of Canada if the trip was authorized by the Governor in Council, whether the authorization was given before or after the trip. Idem, members of Privy Council (2) Nothing in this Division renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any member of the Queen’s Privy Council for Canada by reason only that the member (a) holds an office for which a salary is provided in section 4.1 of the Salaries Act and receives that salary, or (b) is a Minister of State, other than a Minister of State referred to in section 5 of the Salaries Act , or a Minister without Portfolio and receives a salary in respect of that position, if the member is elected while holding that office or position or is, at the date when nominated by the Crown for that office or position, a member of the House of Commons. Idem, Parliamentary Secretaries (3) Notwithstanding anything in this Division, a person is not rendered ineligible to be a member of the House of Commons, or disqualified from sitting or voting therein, by reason only that the person accepts or holds the office of Parliamentary Secretary or receives any payment under section 61 or regulations made pursuant to section 66. National Security and Intelligence Committee of Parliamentarians (3.1) Despite anything in this Division, a person is not rendered ineligible to be a member of the House of Commons, or disqualified from sitting or voting in that House, by reason only that the person is a member of the National Security and Intelligence Committee of Parliamentarians. Office of profit (4) Notwithstanding anything in this Division, the seat of a member of the House of Commons shall not be vacated by reason only of the acceptance by the member of an office of profit under the Crown if that office is an office the holder of which is capable of being elected to, or sitting or voting in, the House. R.S., 1985, c. P-1, s. 33; R.S., 1985, c. 1 (4th Supp.), s. 29; 2005, c. 16, s. 1; 2017, c. 15, s. 42
Parliament of Canada Act — P-1 35
Disqualification 35 If any member of the House of Commons accepts any office or commission that, by virtue of this Division, renders a person incapable of being elected to, or of sitting or voting in, the House of Commons, the seat of the member is vacated and the member’s election becomes void. R.S., 1985, c. P-1, s. 35; 2004, c. 7, s. 3
Parliament of Canada Act — P-1 41
Receiving prohibited compensation 41 (1) No member of the House of Commons shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered to any person, either by the member or another person, (a) in relation to any bill, proceeding, contract, claim, controversy, charge, accusation, arrest or other matter before the Senate or the House of Commons or a committee of either House; or (b) for the purpose of influencing or attempting to influence any member of either House. Offence and punishment (2) Every member of the House of Commons who contravenes subsection (1) is guilty of an offence and liable to a fine of not less than five hundred dollars and not more than two thousand dollars and shall, for five years after conviction of that offence, be disqualified from being a member of the House of Commons and from holding any office in the federal public administration. Offering prohibited compensation (3) Every person who gives, offers or promises to any member of the House of Commons any compensation for services described in subsection (1), rendered or to be rendered, is guilty of an indictable offence and liable to imprisonment for a term not exceeding one year and to a fine of not less than five hundred dollars and not more than two thousand dollars. R.S., 1985, c. P-1, s. 41; 2003, c. 22, s. 224(E)
Parliament of Canada Act — P-1 41.1
Prohibition — accepting benefits from trusts relating to position 41.1 (1) No member of the House of Commons may, directly or indirectly, accept any benefit or income from a trust established by reason of his or her position as a member of the House of Commons. Anti-avoidance (2) No member of the House of Commons shall take any action that has as its purpose the circumvention of the prohibition referred to in subsection (1). Offence and punishment (3) Every member of the House of Commons who contravenes subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $2,000. 2006, c. 9, s. 99
Parliament of Canada Act — P-1 41.2
Obligation to disclose trusts 41.2 (1) Every member of the House of Commons shall disclose to the Conflict of Interest and Ethics Commissioner every trust known to the member from which he or she could, currently or in the future, either directly or indirectly, derive a benefit or income. Manner of disclosure (2) The disclosure must be made in accordance with the provisions governing the disclosure of private interests in the Conflict of Interest Code for Members of the House of Commons set out in the Standing Orders of the House of Commons. Non-application of section 126 of the Criminal Code (3) Section 126 of the Criminal Code does not apply in respect of a contravention of subsection (1). 2006, c. 9, s. 99
Parliament of Canada Act — P-1 41.4
Notification of Committee 41.4 (1) Any person, including the Conflict of Interest and Ethics Commissioner, who has reasonable grounds to believe that an offence has been committed under section 41.1 shall, in writing, notify the Committee of the House of Commons designated to consider such matters. Opinion of Committee (2) The Committee may issue its opinion with respect to the notification within 30 sitting days of the House of Commons after being notified. 2006, c. 9, s. 99
Parliament of Canada Act — P-1 41.5
Order to be provided to Committee 41.5 (1) The Conflict of Interest and Ethics Commissioner shall provide any order made under section 41.3 to a Committee of the House of Commons designated to consider whether a member has contravened an order of the Commissioner. Issuance of opinion (2) The Committee may issue its opinion with respect to the order within 30 sitting days of the House of Commons after being provided with the order. 2006, c. 9, s. 99
Parliament of Canada Act — P-1 42
Speaker leaving the chair 42 Whenever the Speaker of the House of Commons, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the House on any day, the Speaker may call on the Chairman of Committees or, in the absence of that Chairman, on any member of the House to take the chair and act as Deputy Speaker during the remainder of that day unless the Speaker resumes the chair before the close of the sittings for that day. R.S., c. S-13, s. 2
Parliament of Canada Act — P-1 43
Unavoidable absence 43 (1) Whenever the House of Commons is informed of the unavoidable absence of the Speaker thereof by the Clerk at the table, the Chairman of Committees, if present, shall take the chair and perform the duties and exercise the authority of Speaker in relation to all the proceedings of the House, as Deputy Speaker, until the meeting of the House on the next sitting day and so on from day to day, on the like information given to the House, until the House otherwise orders. Adjournment of more than 24 hours (2) Notwithstanding subsection (1), where the House of Commons adjourns for more than twenty-four hours, the Deputy Speaker shall continue to perform the duties and exercise the authority of Speaker for twenty-four hours only after that adjournment. R.S., c. S-13, s. 3
Parliament of Canada Act — P-1 44
Validity of acts 44 (1) If, at any time during a session of Parliament, the Speaker of the House of Commons is temporarily absent from the House and a Deputy Speaker thereupon performs the duties and exercises the authority of Speaker pursuant to section 42 or 43 or to the standing orders or other order or a resolution of the House, every act done and proceeding taken in or by the House, in the exercise of its powers and authority, has the same effect and validity as if the Speaker were in the chair. Idem (2) Every act done and warrant, order or other document issued, signed or published by a Deputy Speaker referred to in subsection (1) that relates to any proceedings of the House of Commons or that, under any statute, would be done, issued, signed or published by the Speaker, if then able to act, has the same effect and validity as if it had been done, issued, signed or published by the Speaker. R.S., c. S-13, ss. 4, 5
Parliament of Canada Act — P-1 45
45 [Repealed, R.S., 1985, c. 42 (1st Supp.), s. 1]
Parliament of Canada Act — P-1 46
Appointment 46 (1) The Governor in Council may appoint one or more members of the House of Commons to be Parliamentary Secretary or Secretaries to a minister. Maximum number (2) The number of Parliamentary Secretaries that are appointed is not to exceed the number of ministers for whom salaries are provided in section 4.1 of the Salaries Act . Tenure of office (3) A Parliamentary Secretary holds office for a period not exceeding twelve months from the date of the appointment and, on ceasing to be a member of the House of Commons, ceases to hold the office of Parliamentary Secretary. R.S., 1985, c. P-1, s. 46; 2005, c. 16, s. 2; 2013, c. 33, s. 225
Parliament of Canada Act — P-1 47
Duties 47 The Parliamentary Secretary or Secretaries to a minister shall assist the minister in such manner as the minister directs. R.S., c. P-1, s. 3
Parliament of Canada Act — P-1 48
48 [Repealed, R.S., 1985, c. 1 (4th Supp.), s. 30]
Parliament of Canada Act — P-1 49
Oath of allegiance 49 (1) The Clerk of the House of Commons shall take and subscribe before the Speaker thereof the oath of allegiance, and all other clerks, officers and messengers of the House shall take and subscribe before the Clerk the oath of allegiance. Registry (2) The Clerk of the House of Commons shall keep a register of all oaths taken and subscribed under subsection (1). R.S., c. H-9, s. 20
Parliament of Canada Act — P-1 49.1
Definition of caucus 49.1 In this Division, caucus means a group composed solely of members of the House of Commons who are members of the same recognized party. 2015, c. 37, s. 4
Parliament of Canada Act — P-1 49.2
Expulsion of caucus member 49.2 A member of a caucus may only be expelled from it if (a) the caucus chair has received a written notice signed by at least 20% of the members of the caucus requesting that the member’s membership be reviewed; and (b) the expulsion of the member is approved by secret ballot by a majority of all caucus members. 2015, c. 37, s. 4
Parliament of Canada Act — P-1 49.3
Readmission of member 49.3 A member of the House of Commons who has been expelled from the caucus of a party may only be readmitted to the caucus (a) if the member is re-elected to the House of Commons as a candidate for that party; or (b) if (i) the caucus chair has received a written notice signed by at least 20% of the members of the caucus requesting the member’s readmission to the caucus, and (ii) the readmission of the member is approved by a majority vote by secret ballot of the members of that caucus who are present at a meeting of the caucus. 2015, c. 37, s. 4
Parliament of Canada Act — P-1 49.4
Election of chair 49.4 (1) After every general election or following the death, incapacity, resignation or removal of the chair of a caucus in accordance with subsection (2), a chair shall be elected by a majority vote by secret ballot of the members of that caucus who are present at a meeting of the caucus. Removal of caucus chair (2) The chair of the caucus of a party may only be removed if (a) the chair has received a written notice signed by at least 20% of the caucus members requesting that the occupancy of the chair be reviewed; and (b) the removal of the chair is approved by secret ballot by a majority of all caucus members. Senior caucus member (3) Any vote that is taken under subsection (1) or (2) shall be presided over by the caucus member with the longest period of unbroken service in the House of Commons as determined by reference to the Canada Gazette . 2015, c. 37, s. 4
Parliament of Canada Act — P-1 49.5
Definition of leadership review 49.5 (1) In this section, leadership review means a process to endorse or replace the leader of a party. Leadership review (2) If a written notice to call a leadership review signed by at least 20% of the members of a party’s caucus is submitted to the chair of the caucus, the chair shall order that a secret ballot vote be taken among the members of the caucus to conduct a leadership review. Notice made public (3) The chair of the caucus shall make public the content of the written notice immediately upon receipt. Interim leader (4) If a majority of the caucus members vote to replace the leader of the party, the chair of the caucus shall immediately order that a second vote be taken by secret ballot to appoint a person to serve as the interim leader of the party until a new leader has been duly elected by the party. 2015, c. 37, s. 4
Parliament of Canada Act — P-1 49.6
Replacement of leader 49.6 In the case of the death, incapacity or resignation of the leader of a party, an interim leader shall be elected as soon as possible and in accordance with subsection 49.5(4). 2015, c. 37, s. 4
Parliament of Canada Act — P-1 49.7
Bar against judicial review 49.7 Any determination of a matter relating to the internal operations of a party by the caucus, a committee of the caucus or the caucus chair is final and not subject to judicial review. 2015, c. 37, s. 4
Parliament of Canada Act — P-1 49.8
Vote 49.8 (1) At its first meeting following a general election, the caucus of every party that has a recognized membership of 12 or more persons in the House of Commons shall conduct a separate vote among the caucus members in respect of each of the following questions: (a) whether sections 49.2 and 49.3 are to apply in respect of the caucus; (b) whether section 49.4 is to apply in respect of the caucus; (c) whether subsections 49.5(1) to (3) are to apply in respect of the caucus; and (d) whether subsection 49.5(4) and section 49.6 are to apply in respect of the caucus. Senior caucus member (2) Each vote, and any debate relating to the vote that may precede it, are to be presided over by the caucus member with the longest period of unbroken service in the House of Commons as determined by reference to the Canada Gazette . Recorded vote (3) The vote of each caucus member, in each vote, is to be recorded. Majority required (4) The provisions referred to in each of paragraphs (1)(a) to (d) apply only if a majority of all caucus members vote in favour of their applicability. Notice to Speaker (5) As soon as feasible after the conduct of the votes, the chair of the caucus shall inform the Speaker of the House of Commons of the outcome of each vote. Effect of votes (6) The outcome of each vote is binding on the caucus until the next dissolution of Parliament. 2015, c. 37, s. 4
Parliament of Canada Act — P-1 50
Board established 50 (1) There shall be a Board of Internal Economy of the House of Commons, in this section and sections 51 to 53 referred to as “the Board”, over which the Speaker of the House of Commons shall preside. Composition of Board (2) The Board shall consist of the Speaker, two members of the Queen’s Privy Council for Canada appointed from time to time by the Governor in Council, the Leader of the Opposition or the nominee of the Leader of the Opposition and other members of the House of Commons who may be appointed from time to time as follows: (a) if there is only one party in opposition to the government that has a recognized membership of twelve or more persons in the House of Commons, the caucus of that party may appoint two members of the Board and the caucus of the government party may appoint one member of the Board; and (b) if there are two or more parties in opposition to the government each of which has a recognized membership of twelve or more persons in the House of Commons, (i) the caucus of each of those parties in opposition may appoint one member of the Board, and (ii) the caucus of the government party may appoint that number of members of the Board that is one less than the total number of members of the Board who may be appointed under subparagraph (i). (3) [Repealed, 1997, c. 32, s. 1] Speaker to inform of appointments (4) The Speaker shall inform the House of Commons of any appointment made to the Board, on any of the first fifteen days on which the House is sitting after the appointment is made. Oath or affirmation (5) Every member of the Board shall, as soon as practicable after becoming a member of the Board, take before the Clerk of the House of Commons an oath or affirmation of fidelity and secrecy in the form set out in Form 3 of the schedule. Scope (6) For greater certainty, nothing in the oath or affirmation referred to in subsection (5) shall be construed as preventing the communication of any information or documents discussed in, or prepared for, a meeting of the Board that was open to the public. R.S., 1985, c. P-1, s. 50; R.S., 1985, c. 42 (1st Supp.), s. 2; 1991, c. 20, s. 2; 1997, c. 32, s. 1; 2017, c. 20, s. 122
Parliament of Canada Act — P-1 51
Clerk is Secretary 51 The Clerk of the House of Commons is the Secretary to the Board. R.S., 1985, c. P-1, s. 51; R.S., 1985, c. 42 (1st Supp.), s. 2; 1991, c. 20, s. 2
Parliament of Canada Act — P-1 51.1
Public meetings 51.1 Meetings of the Board shall be open to the public; however, a meeting or portion of a meeting shall be held in camera if (a) the matters being discussed relate to security, employment, staff relations or tenders; (b) the circumstances prescribed by a by-law made under paragraph 52.5(1)(a.1) exist; or (c) all of the members of the Board who are present at the meeting agree that it be held in camera. 2017, c. 20, s. 123
Parliament of Canada Act — P-1 52
Quorum 52 (1) Five members of the Board, of whom one shall be the Speaker, constitute a quorum. Death, disability or absence of Speaker (2) In the event of the death, disability or absence of the Speaker, five members of the Board, of whom one shall be a member of the Queen’s Privy Council for Canada appointed under subsection 50(2), constitute a quorum. The members present shall designate a member from among themselves to chair the meeting. R.S., 1985, c. P-1, s. 52; R.S., 1985, c. 42 (1st Supp.), s. 2; 1991, c. 20, s. 2; 1997, c. 32, s. 2
Parliament of Canada Act — P-1 52.1
Emergencies 52.1 (1) Where the Speaker deems that there is an emergency, the Speaker may exercise any power of the Board. Report of decision (2) The Speaker shall report to the Board any decision made under subsection (1) at the meeting of the Board immediately following the decision. 1991, c. 20, s. 2
Parliament of Canada Act — P-1 52.2
Capacity 52.2 (1) In exercising the powers and carrying out the functions conferred upon it pursuant to this Act, the Board has the capacity of a natural person and may (a) enter into contracts, memoranda of understanding or other arrangements in the name of the House of Commons or in the name of the Board; and (b) do all such things as are necessary or incidental to the exercising of its powers or the carrying out of its functions. Proceedings (2) For greater certainty, the proceedings of the Board are proceedings in Parliament. 1991, c. 20, s. 2; 2017, c. 20, s. 124
Parliament of Canada Act — P-1 52.3
Function of Board 52.3 The Board shall act on all financial and administrative matters respecting (a) the House of Commons, its premises, its services and its staff; and (b) the members of the House of Commons. 1991, c. 20, s. 2
Parliament of Canada Act — P-1 52.4
Estimate to be prepared 52.4 (1) Prior to each fiscal year the Board shall cause to be prepared an estimate of the sums that will be required to be provided by Parliament for the payment of the charges and expenses of the House of Commons and of the members thereof during the fiscal year. Estimate to be included in government estimates and tabled (2) The estimate referred to in subsection (1) shall be transmitted by the Speaker to the President of the Treasury Board who shall lay it before the House of Commons with the estimates of the government for the fiscal year. 1991, c. 20, s. 2
Parliament of Canada Act — P-1 52.5
By-laws 52.5 (1) The Board may make by-laws (a) respecting the calling of meetings of the Board and the conduct of business at those meetings; (a.1) prescribing the circumstances in which a meeting of the Board shall be held in camera; (b) governing the use by members of the House of Commons of funds, goods, services and premises made available to them for the carrying out of their parliamentary functions; (c) prescribing the terms and conditions of the management of, and accounting for, by members of the House of Commons, of funds referred to in paragraph (b) and section 54; and (d) respecting all such things as are necessary or incidental to the exercise of its powers and the carrying out of its functions. Unanimity (1.1) The Board may make a by-law under paragraph (1)(a.1) only on the unanimous vote of the members of the Board who are present at the meeting at which the vote is held. Speaker to table by-laws (2) The Speaker shall table before the House of Commons the by-laws made under this section on any of the first thirty days after the making thereof. Speaker to make by-laws available (3) When the House of Commons is not sitting, the Speaker shall cause the by-laws made under this section to be deposited with the Clerk of that House and such by-laws shall thereupon be deemed to have been tabled before the House of Commons. By-laws not statutory instruments (4) By-laws made under this section shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act . 1991, c. 20, s. 2; 2017, c. 20, s. 125
Parliament of Canada Act — P-1 52.6
Exclusive authority 52.6 (1) The Board has the exclusive authority to determine whether any previous, current or proposed use by a member of the House of Commons of any funds, goods, services or premises made available to that member for the carrying out of parliamentary functions is or was proper, given the discharge of the parliamentary functions of members of the House of Commons, including whether any such use is or was proper having regard to the intent and purpose of the by-laws made under subsection 52.5(1). Members may apply (2) Any member of the House of Commons may apply to the Board for an opinion with respect to any use by that member of funds, goods, services or premises referred to in subsection (1). 1991, c. 20, s. 2