C-518
Second Session, Forty-first Parliament,
62-63 Elizabeth II, 2013-2014
HOUSE OF COMMONS OF CANADA
BILL C-518
An Act to amend the Members of Parliament Retiring Allowances Act (withdrawal allowance)
Reprinted as amended by the Standing Committee on Procedure and House Affairs as a working copy for the use of the House of Commons at Report Stage and as reported to the House on November 5, 2014
Mr. Williamson
411781
SUMMARY
This enactment amends the Members of Parliament Retiring Allowances Act to provide for the payment of a withdrawal allowance in lieu of a retiring allowance or compensation allowance, as the case may be, when a member of the Senate or House of Commons who ceases or has ceased to be a member has been convicted of an offence under certain provisions of the Criminal Code arising out of conduct that in whole or in part occurred while the person was a member.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 41st Parliament,
62-63 Elizabeth II, 2013-2014
house of commons of canada
BILL C-518
An Act to amend the Members of Parliament Retiring Allowances Act (withdrawal allowance)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
ALTERNATIVE TITLE
Alternative title
1. This Act may be cited as the Protecting Taxpayers and Revoking Pensions of Convicted Politicians Act.
R.S., c. M-5
MEMBERS OF PARLIAMENT RETIRING ALLOWANCES ACT
2. Section 19 of the Members of Parliament Retiring Allowances Act is renumbered as subsection 19(1) and is amended by adding the following:
Conviction
(2) There shall be paid to a person who ceases or has ceased to be a member and who is convicted, on or after the day on which this subsection comes into force, of an offence that arose out of conduct that in whole or in part occurred while the person was a member, a withdrawal allowance, in a lump sum, equal to the amount determined according to the following formula:
A + B - C
where
A      is the total amount of the contributions that the person has paid under this Part and Parts I, III and IV of the former Act;
B      is the interest on those contributions that the person has paid under section 11 or 11.1 or under section 23 of the former Act; and
C      is any retirement allowance paid to the person under this Part prior to the day on which the person is convicted of the offence.
Negative amount
(3) If the amount determined according to the formula under subsection (2) is negative, the amount is deemed to be zero.
Definition of “offence”
(4) In subsection (2), “offence” means an offence under any of the following provisions of the Criminal Code:
(a) section 51 (intimidating Parliament or legislature);
(b) section 119 (bribery of judicial officers, etc.);
(c) section 120 (bribery of officers);
(d) section 121 (frauds on the government);
(e) section 122 (breach of trust by public officer);
(f) section 131 (perjury);
(g) section 136 (witness giving contradictory evidence);
(h) section 137 (fabricating evidence);
(i) subsection 139(2) (obstructing justice);
(j) any of sections 322, 326 and 328 to 332 (theft), if the person is convicted under paragraph 334(a);
(k) section 336 (criminal breach of trust);
(l) paragraph 342.1(1)(c) (unauthorized use of computer);
(m) section 354 (possession of property obtained by crime), if the person is convicted under paragraph 355(a);
(n) paragraph 362(1)(a) (false pretence or false statement), if the person is convicted under paragraph 362(2)(a);
(o) section 366 (forgery);
(p) section 368 (use, trafficking or possession of forged document);
(q) section 368.1 (forgery instruments);
(r) section 374 (drawing document without authority, etc.);
(s) section 375 (obtaining, etc., by instrument based on forged document);
(t) paragraph 377(1)(c) or (d) (damaging documents);
(u) paragraph 380(1)(a) (fraud);
(v) section 397 (falsification of books and documents);
(w) section 399 (false return by public officer);
(x) section 426 (secret commissions).
References to Criminal Code
(5) The words in parentheses in subsection (4) form no part of that subsection but have been inserted for convenience of reference only.
3. Section 39 of the Act is renumbered as subsection 39(1) and is amended by adding the following:
Conviction
(2) There shall be paid to a person who ceases or has ceased to be a member and who is convicted, on or after the day on which this subsection comes into force, of an offence referred to in subsection 19(4) that arose out of conduct that in whole or in part occurred while the person was a member, a withdrawal allowance, in a lump sum, equal to the amount determined according to the following formula:
A + B - C
where
A      is the total amount of the contributions that the person has paid under this Part and Parts I, III and IV of the former Act;
B      is the interest on those contributions that the person has paid under paragraph 33(1)(c) or (2)(d), 33.1(1)(c) or 33.2(1)(c); and
C      is any compensation allowance paid to the person under this Part prior to the day on which the person is convicted of the offence.
Negative amount
(3) If the amount determined under subsection (2) is negative, the amount is deemed to be zero.
4. [Deleted]
Published under authority of the Speaker of the House of Commons