jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The Assembly is composed of the number of members that is determined under the Representation Act, 2015.  2005, c. 35, s. 3 (1); 2015, c. 31, Sched. 5, s. 1. Section Amendments with date in force (d/m/y) 1996, c. 28, s. 4 - 01/01/1998 2005, c. 35, s. 3 (1)
- 15/12/2005 2015, c. 31, Sched. 5, s. 1 - 03/12/2015
2 (1) The Legislature shall not determine or be dissolved by the demise of the Crown, but shall continue, and may meet, convene and sit, proceed and act, in the same manner as if such demise had not happened.  R.S.O. 1990, c. L.10, s. 2 (1). Power to prorogue or dissolve not affected (2) Nothing in this section alters or abridges the power of the Crown to prorogue or dissolve the Legislature.  R.S.O. 1990, c. L.10, s. 2 (2). 3 Repealed: 
2005, c. 35, s. 3 (2). Section Amendments with date in force (d/m/y) 2005, c. 35, s. 3 (2) - 15/12/2005
4 There shall be a session of the Legislature once at least in every year, so that twelve months do not intervene between the last sitting of the Legislature in one session and its first sitting in the next.  R.S.O. 1990, c. L.10, s. 4.
5 It is not necessary for the Lieutenant Governor in proroguing the Legislature to name a day to which it is prorogued, nor to issue a formal proclamation for a meeting of the Legislature when it is not intended that the Legislature shall meet for despatch of business.  R.S.O. 1990, c. L.10, s. 5.
6 The persons qualified to sit and vote as members of the Assembly are any persons of the full age of eighteen years who are Canadian citizens resident in Ontario and not disqualified by this or any other Act from election to the Assembly.  R.S.O. 1990, c. L.10, s. 6.
7 (1) No person who on the day of nomination for election to the Assembly is a member of the Senate of Canada or of the House of Commons of Canada is eligible as a member of the Assembly or shall be returned as elected thereto, and if any such person receives a majority of votes at an election, the votes cast for that person shall be thrown away and the returning officer shall return the person having the next greatest number of votes if he or she is otherwise eligible.  R.S.O. 1990, c. L.10, s. 7 (1). Vacation of seat (2) If a member of the Assembly is elected and returned to the House of Commons of Canada or is appointed to the Senate of Canada, the member’s seat in the Assembly is thereupon vacated and a writ shall issue forthwith for a new election to fill the vacancy.  R.S.O. 1990, c. L.10, s. 7 (2).
8 (1) Except as hereinafter specially provided, no person accepting or holding any office, commission or employment in the service of the Government of Canada, or of the Government of Ontario at the nomination of the Crown or at the nomination of any of the officers of the Government of Canada or of the Government of Ontario to which any salary, fee, wage, allowance, emolument or profit of any kind is attached is eligible as a member of the Assembly or shall sit or vote therein.  R.S.O. 1990, c. L.10, s. 8 (1). Exceptions (2) Nothing in this section renders ineligible as aforesaid or disqualifies from sitting and voting in the Assembly when not otherwise disqualified, (a) a member of the Executive Council or a Parliamentary Assistant; (b) an officer or other member of the regular force or reserve force of the Canadian Forces; (c) a coroner, notary public or public school supervisory officer; (d) any person holding any temporary employment in the service of the Government of Canada requiring special qualifications or professional skill, or a commissioner appointed under the Inquiries Act
(Canada); (e) a member of any commission, board, committee or other body holding office at the nomination of the Lieutenant Governor in Council, but this clause does not apply to members of the Ontario Labour Relations Board, the Ontario Land Tribunal, the Workplace Safety and Insurance Board, the Ontario Securities Commission, the Ontario Farm Products Marketing Commission, the Civil Service Commission, or the Ontario Parole Board. R.S.O. 1990, c. L.10, s. 8 (2); 1997, c. 16, s. 10 (1); 2000, c. 40, s. 19; 2009, c. 33, Sched. 9, s. 6; 2019, c. 15, Sched. 22, s. 96 (1); 2021, c. 4, Sched. 6, s. 58. Section Amendments with date in force (d/m/y) 1997, c. 16, s. 10 (1) - 01/01/1998 2000, c. 40, s. 19 - 03/07/2001 2009, c. 33, Sched. 9, s. 6 - 15/12/2009 2019, c. 15, Sched. 22, s. 96 (1) - 29/11/2021 2021, c. 4, Sched. 6, s. 58 - 01/06/2021
9 (1) Subject to subsection (2), a member of the Assembly is not eligible to hold office as a member of the council of a municipality or as a member of a local board, as defined in the Municipal Affairs Act, of a municipality.  2002, c. 17, Sched. F, Table. Member deemed to have resigned municipal office when election to Assembly published (2) Every person who is elected a member of the Assembly while holding an office referred to in subsection (1) may continue to hold such office, despite any other Act, until the end of the day on which the return of the election of such person to the Assembly is published in The Ontario Gazette under section 83 of the Election Act, at which time the member shall be deemed to have resigned such office.  R.S.O. 1990, c. L.10, s. 9 (2); 2005, c. 35, s. 3 (3). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2005, c. 35, s. 3 (3) - 15/12/2005 10., 11 Repealed:  1994, c. 38, s. 38 (1). Section Amendments with date in force (d/m/y) 1994, c. 38, s. 38 (1) - 06/10/1995
12 No disqualification under section 8 on any ground arising before the election shall be held by any court to affect the seat of a member of the Assembly or to disentitle any person to sit or vote therein until the disqualification has been duly found and declared by an election court, but this is not to be construed as affecting the right of the Assembly to expel a member according to the practice of Parliament or otherwise.  R.S.O. 1990, c. L.10, s. 12; 1994, c. 38, s. 38 (2). Section Amendments with date in force (d/m/y) 1994, c. 38, s. 38 (2) - 06/10/1995
13 If a person who is disqualified or ineligible or incapable of being elected a member of the Assembly is nevertheless elected and returned, the election and return is void.  R.S.O. 1990, c. L.10, s. 13.
14 Despite anything in any Act, a member of the Assembly who is appointed a member of the Executive Council or a Parliamentary Assistant shall not, by reason of the acceptance of such appointment, vacate his or her seat or be disqualified from sitting or voting in the Assembly.  R.S.O. 1990, c. L.10, s. 14.
15 (1) If a member of the Assembly by accepting any office as in section 8 mentioned is disqualified by law to continue to sit or vote in the Assembly, his or her seat shall be vacated, but the member may be re-elected if he or she is not declared ineligible under this Act.  R.S.O. 1990, c. L.10, s. 15 (1); 1994, c. 38, s. 38 (3). Saving in case of, exchange of offices in Executive Council (2) Nevertheless, whenever a person holding any of the offices mentioned in section 2 of the Executive Council Act and being at the same time a member of the Assembly resigns his or her office and accepts any other of such offices, the member does not thereby vacate his or her seat in the Assembly.  R.S.O. 1990, c. L.10, s. 15 (2). Additional offices in Executive Council (3) Where a member of the Executive Council holding any one of the offices mentioned in section 2 of the Executive Council Act is appointed to hold another office in addition to or in connection with such first-mentioned office, the member does not thereby vacate his or her seat, and any increase or change of emolument arising from the holding of such two offices does not cause a vacancy or render a re-election necessary.  R.S.O. 1990, c. L.10, s. 15 (3). Section Amendments with date in force (d/m/y) 1994, c. 38, s. 38 (3) - 06/10/1995
16 (1) Subject to section 12, a person ineligible as a member of or disqualified from sitting or voting in the Assembly who sits or votes therein while ineligible or disqualified shall forfeit the sum of $2,000 for every day on which he or she so sits or votes, and such sum may be recovered from him or her by any person who sues for it in any court of competent jurisdiction.  R.S.O. 1990, c. L.10, s. 16 (1). Idem (2) If an action is brought and judgment is recovered against the defendant, no other action shall be brought or proceeding taken against the defendant for any act under this section committed before notice to him or her of the recovery of the judgment.  R.S.O. 1990, c. L.10, s. 16 (2). Staying proceedings in other actions (3) The court wherein any other action is brought contrary to the intent and meaning of this Act, may upon the defendant’s motion, stay the proceedings therein, if the first-mentioned action be prosecuted without fraud and with effect, but no action shall be deemed an action within this section unless so prosecuted.  R.S.O. 1990, c. L.10, s. 16 (3).
17 (1) A member elect may at any time before his or her election is complained of disclaim his or her seat in the manner hereinafter provided, and the member thereby vacates the seat and ceases to be a member in respect of the seat so disclaimed.  R.S.O. 1990, c. L.10, s. 17 (1). Mode of disclaiming (2) A member elect who desires to disclaim may transmit by registered mail addressed to the Clerk of the Legislative Assembly, Toronto, or cause to be delivered to the Clerk, a disclaimer signed by the member in the presence of two subscribing witnesses to the following effect: I, ..............................., member elect to the Legislative Assembly for the electoral district of ............................ , hereby disclaim all my right or title to sit or vote or in any manner to act as such member. R.S.O. 1990, c. L.10, s. 17 (2). Transmission of copy of disclaimer (3) The Clerk of the Assembly shall, on receiving a disclaimer, forthwith send a copy of it to the local registrar of the Superior Court of Justice for the area in which is situate the electoral district or any part of the electoral district for which the member so disclaiming was elected.  R.S.O. 1990, c. L.10, s. 17 (3); 2005, c. 35, s. 3 (4). Section Amendments with date in force (d/m/y) 2005, c. 35, s. 3 (4) - 15/12/2005
18 If a person returned as elected at a general election wishes to resign his or her seat before the first session of the Legislature thereafter, the person may address and cause to be delivered to any two members elect of the Assembly a declaration that he or she resigns the seat, made in writing and signed before two subscribing witnesses, and the two members upon receiving the declaration shall forthwith address their warrant under their hands and seals to the Chief Electoral Officer for the issue of a writ for the election of a member for the electoral district in the place of the member so resigning, and the writ shall issue accordingly.  R.S.O. 1990, c. L.10, s. 18; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1) - 04/06/2007
19 (1) A member may also resign his or her seat, (a) by giving in his or her place in the Assembly notice of his or her intention to resign it, which notice shall be entered immediately by the Clerk of the Assembly upon the Journals of the Assembly; or (b) by addressing and causing to be delivered to the Speaker a declaration that the member resigns his or her seat, made in writing and signed before two subscribing witnesses, which declaration may be so made and delivered either during a session of the Legislature or in the interval between two sessions.  R.S.O. 1990, c. L.10, s. 19 (1). Record (2) An entry of the declaration so delivered to the Speaker shall thereafter be made upon the Journals of the Assembly.  R.S.O. 1990, c. L.10, s. 19 (2). New writ (3) Immediately after the notice of intention to resign has been entered upon the Journals, or after the receipt of the declaration, as the case may be, the Speaker shall address a warrant under his or her hand and seal to the Chief Electoral Officer for the issue of a writ for the election of a member in the place of the member so resigning, and in either case the writ shall issue accordingly.  R.S.O. 1990, c. L.10, s. 19 (3); 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
- 04/06/2007
20 If a member wishes to resign his or her seat in the interval between two sessions of the Legislature, and there is then no Speaker, or the Speaker is absent from Ontario, or if the member is the Speaker, the member may address and cause to be delivered to two members the declaration before mentioned, and the two members upon receiving the declaration shall forthwith address their warrant under their hands and seals to the Chief Electoral Officer for the issue of a writ for the election of a member in the place of the member so resigning, and the writ shall issue accordingly.  R.S.O. 1990, c. L.10, s. 20; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1) - 04/06/2007
21 (1) A member or member elect tendering his or her resignation in any manner hereinbefore provided for shall be deemed to have vacated his or her seat and to have ceased to be a member of the Assembly in respect thereof.  R.S.O. 1990, c. L.10, s. 21 (1). Time for resignation (2) A member or member elect shall not tender his or her resignation while his or her election is controverted, nor until after the expiration of the time within which an election petition may be filed.  R.S.O. 1990, c. L.10, s. 21 (2).
22 Forthwith after receipt by the Clerk of the Assembly of a judgment by the Superior Court of Justice under the Election Act that the election of a person is void and ordering a new election, the Speaker or, if there is no Speaker or the Speaker is absent from Ontario or is unable to act, the Clerk of the Assembly shall address a warrant under his or her hand and seal to the Chief Electoral Officer for the issue of a writ for the election of a member for the electoral district the election for which was adjudged to be void, and the writ shall issue accordingly.  R.S.O. 1990, c. L.10, s. 22; 2005, c. 35, s. 3 (4); 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2005, c. 35, s. 3 (4) - 15/12/2005 2007, c. 15, s. 40 (1) - 04/06/2007
23 The measures taken under sections 18 to 22 by the Speaker or Clerk of the Assembly shall be reported to the Assembly at the earliest practicable time, and shall be forthwith entered upon the Journals.  R.S.O. 1990, c. L.10, s. 23.
24 (1) If a person returned as elected appears by the judgment mentioned in section 22 not to have been duly returned or elected, the person shall not thereafter unless re-elected sit or vote in the Assembly.  R.S.O. 1990, c. L.10, s. 24 (1). Rights of persons declared elected (2) If a person, other than the person returned as elected, appears by the judgment to have been duly returned or elected, the person is thereupon entitled to sit and vote in the Assembly.  R.S.O. 1990, c. L.10, s. 24 (2).
25 (1) If a vacancy occurs in the Assembly by the death of a member, or by his or her accepting an office, commission or employment, unless otherwise provided by this Act, the Speaker, on being informed of the vacancy by a member of the Assembly in his or her place, or by notice in writing under the hands and seals of two members, shall forthwith address a warrant to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy, and the writ shall issue accordingly.  R.S.O. 1990, c. L.10, s. 25 (1); 1994, c. 38, s. 38 (4); 2007, c. 15, s. 40 (1). Proceedings when Speaker is absent from Ontario or there is no Speaker (2) If any such vacancy occurs, or at any time thereafter, before the warrant for the writ has issued, there is no Speaker, or the Speaker is absent from Ontario, or if the member whose seat is vacated is the Speaker, then two members may address their warrant under their hands and seals to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy, and the writ shall issue accordingly.  R.S.O. 1990, c. L.10, s. 25 (2); 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1994, c. 38, s. 38 (4) - 06/10/1995 2007, c. 15, s. 40 (1) - 04/06/2007
26 (1) A warrant may issue under the hands and seals of two members elect to the Chief Electoral Officer for the issue of a writ for the election of a member to fill a vacancy arising after a general election and before the first session of the Legislature thereafter, by reason of any of the causes mentioned in section 25, and the writ may issue at any time after such vacancy.  R.S.O. 1990, c. L.10, s. 26 (1); 2007, c. 15, s. 40 (1). Election being contested not affected (2) The election to be held under the writ does not affect the right of any person entitled to contest the previous election, and the court shall determine whether the member who has died or whose seat has become vacant as aforesaid, or any other person, was duly returned or elected, which determination, if adverse to the return of such member and in favour of any other candidate, avoids the election held under this section, and the candidate declared duly elected at the previous election is entitled to take his or her seat as if no subsequent election had been held.  R.S.O. 1990, c. L.10, s. 26 (2). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1) - 04/06/2007
27 (1) Where a vacancy occurs in the membership of the Assembly, a writ shall be issued within six months after receipt by the Chief Electoral Officer of the warrant for the issue of a writ for the election of a member to fill such vacancy.  R.S.O. 1990, c. L.10, s. 27 (1); 2007, c. 15, s. 40 (1). Non-application of section (2) This section does not apply where the vacancy occurs in the last year of the legal life of the Assembly.  R.S.O. 1990, c. L.10, s. 27 (2). Writ revoked on dissolution of Legislature (3) If the Legislature is dissolved after the issue of a writ under subsection (1) and before an election is held under the writ, the writ is revoked on the dissolution of the Legislature.  R.S.O. 1990, c. L.10, s. 27 (3). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1) - 04/06/2007
28 (1) The Assembly shall elect one of its members to be Speaker at its next meeting, (a) after a general election is held; or (b) after the office becomes vacant. 2020, c. 15, s. 1. Appointment of Deputy Speaker (2) The Assembly shall, by order, appoint one of its members to be Deputy Speaker at or after its next meeting, (a) after a general election is held; or (b) after the office becomes vacant. 2020, c. 15, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 15, s. 1 - 14/07/2020
28.1 The Speaker is the guardian of the rights, immunities, privileges and powers of the Assembly, its committees and its members. 2020, c. 15, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 15, s. 1 - 14/07/2020
29 (1) The Speaker shall preside at all meetings of the Assembly and shall preside over and have charge of the Office of the Assembly.  R.S.O. 1990, c. L.10, s. 29 (1). Absence of Speaker (2) In the absence of the Speaker, the Deputy Speaker has all the powers, privileges and duties of the Speaker.  R.S.O. 1990, c. L.10, s. 29 (2).
30 When the Speaker or the Deputy Speaker finds it necessary to leave the chair during any part of the sittings on any day, he or she may call upon any member to take the chair and to act as Speaker during the remainder of the day unless the Speaker or the Deputy Speaker resumes the chair before the close of the sittings for that day.  R.S.O. 1990, c. L.10, s. 30.
31 When the Speaker and the Deputy Speaker are not present at the meeting of the Assembly on any day, the Assembly may elect a member to take the chair and act as Speaker for that day.  R.S.O. 1990, c. L.10, s. 31.
32 If the Speaker and the Deputy Speaker are absent from the chair for a period of forty-eight consecutive hours, the Assembly may elect another of its members to act as Speaker, and the member so elected, during the continuance of the absence of the Speaker and the Deputy Speaker, has all the powers, privileges and duties of the Speaker.  R.S.O. 1990, c. L.10, s. 32. Speaker and Deputy to continue in office following dissolution
33 (1) The person who holds the office of Speaker when the Legislature is dissolved shall continue to be the Speaker until a new Speaker is elected by the Assembly. 2020, c. 15, s. 2. Deputy Speaker (2) The person who holds the office of Deputy Speaker when the Legislature is dissolved shall continue to be the Deputy Speaker until a new Deputy Speaker is appointed by the Assembly. 2020, c. 15, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 15, s. 2 - 14/07/2020
34 Every bill passed and every order made and thing done by the Assembly while a member is acting as Speaker is as valid and effectual as if done while the Speaker was in the chair.  R.S.O. 1990, c. L.10, s. 34.
35 (1) The Assembly may at all times command and compel the attendance before the Assembly or a committee thereof of such persons, and the production of such papers and things, as the Assembly or committee considers necessary for any of its proceedings or deliberations.  R.S.O. 1990, c. L.10, s. 35 (1). Speaker’s warrant for attendance, etc. (2) When the Assembly requires the attendance of a person before the Assembly or a committee thereof, the Speaker may issue a warrant directed to the person named in the order of the Assembly requiring the person’s attendance before the Assembly or committee and the production of the papers and things as ordered.  R.S.O. 1990, c. L.10, s. 35 (2).
36 No person is liable in damages or otherwise for any act done under the authority of the Assembly and within its legal power or under or by virtue of a warrant issued under such authority, and every such warrant may command the aid and assistance of all sheriffs, bailiffs, constables and others, and every refusal or failure to give such aid or assistance when required is a contravention of this Act.  R.S.O. 1990, c. L.10, s. 36; 2020, c. 15, s. 3. Section Amendments with date in force (d/m/y) 2020, c. 15, s. 3 - 14/07/2020
37 A member of the Assembly is not liable to any civil action or prosecution, arrest, imprisonment or damages, by reason of any matter or thing the member brought by petition, bill, resolution, motion or otherwise, or said before the Assembly or a committee thereof.  R.S.O. 1990, c. L.10, s. 37.
38 Except for a contravention of this Act, a member of the Assembly is not liable to arrest or detention for any cause or matter whatever of a civil nature during a session of the Legislature or during the twenty days preceding or the twenty days following a session.  R.S.O. 1990, c. L.10, s. 38.
39 No person shall make a personal service that is required or authorized by law in a civil matter upon another person in the legislative precinct, within the meaning of section 102.1. 2020, c. 15, s. 4. Section Amendments with date in force (d/m/y) 2020, c. 15, s. 4 - 14/07/2020
40 During the periods mentioned in section 38, members, officers and employees of the Assembly and witnesses summoned to attend before the Assembly or a committee thereof are exempt from serving or attending as jurors in any court of justice in Ontario.  R.S.O. 1990, c. L.10, s. 40; 2018, c. 17, Sched. 23, s. 1. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 23, s. 1 - 06/12/2018
41 No member of the Assembly shall knowingly accept or receive, either directly or indirectly, any fee, compensation or reward for or in respect of the drafting, advising upon, revising, promoting or opposing any bill, resolution, matter or thing submitted or intended to be submitted to the Assembly or a committee thereof.  R.S.O. 1990, c. L.10, s. 41.
42 No barrister or solicitor who in the practice of his or her profession is a partner of a member of the Assembly shall knowingly accept or receive, directly or indirectly, any fee, compensation or reward for or in respect of any matter or thing mentioned in section 41.  R.S.O. 1990, c. L.10, s. 42.
43 Every person contravening section 41 or 42 is liable to a penalty equal to the amount or value of the fee, compensation or reward the person accepted or received and the sum of $500.  R.S.O. 1990, c. L.10, s. 43.
44 Any contravention of section 41 is a corrupt practice, and an action alleging the contravention may be commenced within the time provided in the Limitations Act, 2002
in the same manner and the procedure shall be the same as in the case of other actions under sections 99 to 111 (Contested Elections) of the Election Act.  2002, c. 24, Sched. B, s. 41. Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. B, s. 41 - 01/01/2004
45 If judgment is recovered against a member of the Assembly for any penalty under section 43, or if by a resolution of the Assembly it is declared that a member has been guilty of a contravention of section 41, or if it is adjudged by the Superior Court of Justice in an action mentioned in section 44 that a member has been guilty of a contravention of section 41, the member’s election becomes void and his or her seat shall be vacated, and a writ shall issue for a new election as if he or she were dead and the member is incapable of being elected to or of sitting in the Assembly during the remainder of the term for which he or she was elected.  R.S.O. 1990, c. L.10, s. 45; 2005, c. 35, s. 3 (4). Section Amendments with date in force (d/m/y) 2005, c. 35, s. 3 (4) - 15/12/2005
47 Every person who, upon such inquiry, is found to have committed or done any of the acts, matters, or things mentioned in section 46, in addition to any other penalty or punishment to which he or she may by law be subject, is liable to imprisonment for such time during the session of the Legislature then being held as is determined by the Assembly.  R.S.O. 1990, c. L.10, s. 47.
48 (1) Where the Assembly declares that a person has been guilty of a breach of privilege or of a contempt in respect of any of the acts, matters and things mentioned in section 46 and directs that the person be kept and detained in the custody of the sergeant-at-arms attending the Assembly, the Speaker shall issue a warrant to the sergeant-at-arms to take the person into custody and to keep and detain the person in custody in accordance with the order of the Assembly.  R.S.O. 1990, c. L.10, s. 48 (1). Warrant of committal (2) Where the Assembly directs that the imprisonment shall be in a correctional institution in the City of Toronto, the Speaker shall issue the warrant to the sergeant-at-arms and to the superintendent of such correctional institution commanding the sergeant-at-arms to take such person into custody and to deliver the person to the superintendent of such correctional institution, and commanding the superintendent to receive and keep and detain him or her in custody in accordance with the order of the Assembly.  R.S.O. 1990, c. L.10, s. 48 (2); 1997, c. 26, Sched. Section Amendments with date in force (d/m/y) 1997, c. 26, Sched. - 01/01/1998
49 The determination of the Assembly upon any proceeding under this Act is final and conclusive.  R.S.O. 1990, c. L.10, s. 49.
50 (1) Any person who is a defendant in a civil proceeding commenced in any manner for or in respect of the publication of any report, paper, vote or proceeding by such person or by the person’s servant by or under the authority of the Assembly may bring before the court in which the proceeding is pending (first giving twenty-four hours notice of the person’s intention so to do to the plaintiff or the plaintiff’s solicitor) a certificate under the hand of the Speaker or of the Clerk of the Assembly, stating that the report, paper, vote or proceeding in respect whereof the proceeding has been commenced was published by such person or by the person’s servant by order or under the authority of the Assembly together with an affidavit verifying the certificate.  R.S.O. 1990, c. L.10, s. 50 (1). Stay of proceedings (2) The court shall thereupon immediately stay the proceeding and it and every writ or process issued therein shall be taken to be finally put an end to, determined and superseded.  R.S.O. 1990, c. L.10, s. 50 (2).
51 (1) If a civil proceeding is commenced for or in respect of the publication of a copy of such report, paper, vote or proceeding, the defendant at any stage of the proceeding may lay before the court the report, paper, vote or proceeding and the copy with an affidavit verifying the report, paper, vote or proceeding and the correctness of the copy.  R.S.O. 1990, c. L.10, s. 51 (1). Stay of proceedings (2) The court shall thereupon immediately stay the proceeding and it and every writ or process issued therein shall be taken to be finally put an end to, determined and superseded.  R.S.O. 1990, c. L.10, s. 51 (2).
52 It is a good defence to any civil proceeding against a person for printing any extract from or abstract of any such report, paper, vote or proceeding that the extract or abstract was published in good faith and without malice.  R.S.O. 1990, c. L.10, s. 52.
52.1 (1) In addition to the rights, immunities, privileges and powers conferred on them by this or any other Act, the Assembly, its committees and its members have the same rights, immunities, privileges and powers as those held, enjoyed and exercised respectively by the House of Commons of the Parliament of the United Kingdom, its committees and its members at the time of the passing of the Constitution Act, 1867. 2020, c. 15, s. 5. Rights, etc., are part of the general and public law (2) The rights, immunities, privileges and powers that the Assembly, its committees and its members have under subsection (1) are part of the general and public law of Ontario and it is not necessary to plead them. 2020, c. 15, s. 5. Section Amendments with date in force (d/m/y) 2020, c. 15, s. 5 - 14/07/2020
53 Except so far as is provided by section 41, nothing in this Act shall be construed to deprive the Assembly or a committee or member thereof of any right, immunity, privilege or power that the Assembly, committee or member might otherwise have been entitled to exercise or enjoy.  R.S.O. 1990, c. L.10, s. 53.
54 Where the Assembly has adopted the report of a committee of the Assembly recommending the purchase of any publication for the use of the members of the Assembly or for other persons, the publication may be purchased by the Minister of Finance and distributed according to the recommendations of the report, and the cost thereof shall be paid out of any sum appropriated by the Legislature for stationery, printing and binding.  R.S.O. 1990, c. L.10, s. 54; 2005, c. 35, s. 3 (5). Section Amendments with date in force (d/m/y) 2005, c. 35, s. 3 (5) - 15/12/2005
55 (1) At least 12 members of the Assembly are necessary to constitute a quorum for the transaction of business, and for that purpose the Speaker shall be counted.  1999, c. 5, s. 3 (1). Constitutional amendment (2) The re-enactment of this section by section 3 of the Legislative Assembly Statute Law Amendment Act, 1999 constitutes an amendment to the constitution of the Province of Ontario.  1999, c. 5, s. 3 (1). Section Amendments with date in force (d/m/y) 1999, c. 5, s. 3 (1) - 28/10/1999
56 Questions arising in the Assembly shall be decided by a majority of voices, other than that of the Speaker, and, when the voices are equal, the Speaker has a vote.  R.S.O. 1990, c. L.10, s. 56.
57 The Assembly shall not adopt or pass any vote, resolution, address or bill for the appropriation of any part of the Consolidated Revenue Fund, or of any tax or impost, to any purpose that has not been first recommended by a message of the Lieutenant Governor to the Assembly during the session in which the vote, resolution, address or bill is proposed.  R.S.O. 1990, c. L.10, s. 57.
58 The judges of the Superior Court of Justice are by virtue of their office commissioners to report under the Rules of the Assembly in respect of estate bills.  R.S.O. 1990, c. L.10, s. 58; 2005, c. 35, s. 3 (4). Section Amendments with date in force (d/m/y) 2005, c. 35, s. 3 (4) - 15/12/2005
59 Any standing or special committee of the Assembly may require that facts, matters and things relating to the subject of inquiry be verified or otherwise ascertained by the oral examination of witnesses, and may examine witnesses on oath or affirmation, and for that purpose the chair or any member of the committee may administer the following oath or affirmation, in English or French: “Do you solemnly swear (or affirm) that the evidence you shall give to this Committee touching the subject of the present inquiry shall be the truth, the whole truth, and nothing but the truth? So help you God. (omit this phrase in an affirmation)” 2017, c. 20, Sched. 11, s. 16. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 11, s. 16 - 14/11/2017
60 Where witnesses are not required to be examined orally, an affirmation, declaration or affidavit, that is required to be made or taken by or according to any rule or order of the Assembly, or by the direction of any committee, and in respect of any matter or thing pending or proceeding before the committee, may be made and taken before the Clerk of the Assembly, the clerk of the committee, a commissioner for taking affidavits or a justice of the peace.  R.S.O. 1990, c. L.10, s. 60.
61 (1) Every member of the Assembly shall be paid an annual salary in an amount equal to 75 per cent of the annual sessional allowance paid to members of the House of Commons under Part IV of the Parliament of Canada Act.  2006, c. 36, s. 1 (1). Same (1.1) For greater certainty, whenever the annual sessional allowance paid to members of the House of Commons under that Act changes, a corresponding change shall be made to the annual salary of every member of the Assembly.  2006, c. 36, s. 1 (1). Same, from April 1, 2014 (1.2) Despite subsections (1) and (1.1), the annual salary of every member of the Assembly for a fiscal year that begins on or after April 1, 2014 is an amount equal to the salary in effect on March 26, 2009. 2014, c. 7, Sched. 17, s. 1; 2022, c. 23, Sched. 5, s. 1 (1). (1.3) Repealed: 2022, c. 23, Sched. 5, s. 1 (2). (1.4) Repealed:  2006, c. 36, s. 1 (1). Computation (2) For the purpose of computing the amount of a member’s salary, a member shall be deemed to have been a member, (a) beginning on the polling day on which the member is elected; and (b) when the Legislature of which he or she is a member is dissolved, ending on the day before the polling day that follows the dissolution, or ending upon his or her death, whichever occurs first.  1996, c. 6, s. 7. Section Amendments with date in force (d/m/y) 1996, c. 6, s. 7 - 01/04/1996 2001, c. 15, s. 1- 29/06/2001 2006, c. 36, s. 1 (1) - 20/12/2006 2009, c. 18, Sched. 15, s. 1 (1) - 26/03/2009; 2009, c. 18, Sched. 15, s. 1 (2) - 05/06/2009 2010, c. 1, Sched. 13, s. 1 - 18/05/2010 2012, c. 8, Sched. 30, s. 1 - 01/04/2012 2014, c. 7, Sched. 17, s. 1 - 01/04/2014 2022, c. 23, Sched. 5, s. 1 (1, 2) - 08/12/2022 61.1 Repealed:  2009, c. 18, Sched. 15, s. 2. Section Amendments with date in force (d/m/y) 2004, c. 2, s. 1 - 15/04/2004 2006, c. 36, s. 1 (2) - 20/12/2006 2009, c. 18, Sched. 15, s. 2 - 05/06/2009
63 (1) The annual salary otherwise payable to a member under sections 61 and 62 shall be reduced by the amount of the allowance or pension that the member receives, if any, under the MPPs Pension Act, 1996 or a predecessor to that Act for the same period.  1996, c. 6, s. 9; 2006, c. 36, s. 1 (4). Interpretation (2) For the purposes of subsection (1), a payment to a member under subsection 24 (3) of the MPPs Pension Act, 1996 is not an allowance or pension.  2006, c. 36, s. 1 (5). Section Amendments with date in force (d/m/y) 1996, c. 6, s. 9 - 01/04/1996 2006, c. 36, s. 1 (4, 5) - 20/12/2006
63.1 (1) No member is entitled to be paid an allowance for expenses incident to the discharge of his or her duties as a member of the Assembly.  1996, c. 6, s. 9. Expenses actually incurred (2) Nothing in subsection (1) prevents a member from being reimbursed for expenses actually incurred in the discharge of his or her duties as a member.  1996, c. 6, s. 9. Status for income tax purposes (3) For the purposes of the Income Tax Act (Canada), no portion of the salary, benefits or expenses paid to a member under this Act is paid as an allowance for expenses incident to the discharge of his or her duties as a member.  1996, c. 6, s. 9. Section Amendments with date in force (d/m/y) 1996, c. 6, s. 9 - 01/04/1996
68 (1) The Speaker shall, in accordance with determinations made by the Board of Internal Economy under subsection (3), post on a website established or designated by the Speaker the information required by subsection (2) with respect to payments made to members under section 67 for, (a) travel expenses, other than for travel within a member’s electoral district that relates to his or her constituency work; (b) expenses for hotel accommodation related to travel referred to in clause (a); (c) meal expenses; and (d) hospitality expenses. 2014, c. 13, Sched. 7, s. 2. Information required to be posted (2) Subject to subsection (4), the following information is required to be posted with respect to each payment for an expense referred to in subsection (1): 1. The name of the member who incurred the expense and of his or her electoral district. 2. The date on which the expense was incurred. 3. The type of expense, with reference to the applicable category of expense listed under subsection (1). 4. The total amount claimed by and paid to the member, for each category of expense listed under subsection (1). 5. The purpose of the expense. 6. The travel destination or other geographic location where or in respect of which the expense was incurred. 2014, c. 13, Sched. 7, s. 2. Board to determine timing, manner (3) The timing of the posting of information under subsection (1) and the manner in which the information is presented shall be determined by the Board of Internal Economy. 2014, c. 13, Sched. 7, s. 2. Information may be excluded (4) The Board of Internal Economy may exclude information from posting under subsection (1) if the Board is of the view that, (a) posting the information would likely, (i) constitute an unjustified invasion of personal privacy, or (ii) jeopardize the security of any person, place or thing; or (b) other circumstances exist that make it necessary or advisable to exclude the information. 2014, c. 13, Sched. 7, s. 2. Application (5) This section applies only with respect to payments for expenses incurred on or after the day section 2 of Schedule 7 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force. 2014, c. 13, Sched. 7, s. 2. Section Amendments with date in force (d/m/y) 1996, c. 6, s. 14 - 01/04/1996 2014, c. 13, Sched. 7, s. 2 - 01/01/2016
69 (1) A severance allowance is payable to or in respect of the following persons: 1. A person who is a member of the Assembly immediately before the Assembly is dissolved or is ended by the passage of time and who does not become a member of the following Assembly. 2. A member of the Assembly who resigns his or her seat. 3. A person who was a member of the Assembly on the day of his or her death or a person who was a member of the Assembly immediately before the Assembly was dissolved or ended by the passage of time and who died before the polling day in the general election that followed the dissolution or ending.  2006, c. 36, s. 1 (6). Amount of severance allowance (2) The amount of the severance allowance is determined as follows: 1. For a person who was a member of the Assembly for a period of four years or less, the allowance is equal to one-half of his or her average annual remuneration determined in accordance with subsection (3). 2. For a person who was a member of the Assembly for a period of more than four years up to and including eight years, the allowance is equal to the amount of his or her average annual remuneration determined in accordance with subsection (3). 3. For a person who was a member of the Assembly for a period of more than eight years, the allowance is equal to one and one-half times his or her average annual remuneration determined in accordance with subsection (3).  2006, c. 36, s. 1 (6). Average annual remuneration (3) A person’s average annual remuneration is the average of the person’s annual salary rate, as described in subsection (4), in each month of the period of 36 consecutive months of his or her service as a member of the Assembly that produces the highest average but, if the person does not have a period of 36 consecutive months of service, his or her average annual remuneration is the average of his or her annual salary rate, as described in subsection (4), in each month of the person’s longest period of consecutive months of service as a member of the Assembly.  2006, c. 36, s. 1 (6). Annual salary rate (4) A person’s annual salary rate is the sum of, (a) his or her annual salary under subsection 61 (1), including the amount of any increase that the person is receiving under section 62 because he or she holds a position described in section 62; and (b) the annual salary, if any, that he or she is receiving under section 3 of the Executive Council Act.  2006, c. 36, s. 1 (6). Restriction (5) A person is not eligible to receive more than one severance allowance in respect of the same period of service as a member of the Assembly.  2006, c. 36, s. 1 (6). (6) Repealed:  2009, c. 18, Sched. 15, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 6, s. 15 (1-5) - 01/04/1996 2006, c. 36, s. 1 (6) - 21/12/2006 2009, c. 18, Sched. 15, s. 3 - 05/06/2009 70 Repealed:  1996, c. 6, s. 16. Section Amendments with date in force (d/m/y) 1996, c. 6, s. 16 - 01/04/1996 71 Repealed:  1996, c. 6, s. 17. Section Amendments with date in force (d/m/y) 1996, c. 6, s. 17 - 01/04/1996 72 Repealed:  1996, c. 6, s. 18. Section Amendments with date in force (d/m/y) 1996, c. 6, s. 18 - 01/04/1996
73 For each fiscal year there shall be provided, (a) for the use of the caucus of the Government, the caucus of the Official Opposition and the caucus of a recognized party within the meaning of subsection 62 (5), for research purposes, such sums of money as are appropriated therefor by the Legislature; (b) for the use of the caucus of the Government, the caucus of the Official Opposition and the caucus of a recognized party within the meaning of subsection 62 (5), for such use as the caucus may determine, such sum of money as is appropriated therefor by the Legislature for each caucus based on the number of members in the caucus; (c) for the use of the caucus of the Official Opposition for the purpose of defraying the cost of salaries and expenses of the personal staff of the Leader of the Official Opposition, an amount appropriated therefor by the Legislature; and (d) for the use of the caucus of a recognized party within the meaning of subsection 62 (5), other than the party from which the Government is chosen and the party recognized as the Official Opposition, for the purpose of defraying the cost of salaries and expenses of the personal staff of the Leader of the party, an amount appropriated therefor by the Legislature.  R.S.O. 1990, c. L.10, s. 73; 1999, c. 5, s. 3 (8-10). Section Amendments with date in force (d/m/y) 1999, c. 5, s. 3 (8-10) -28/10/1999
74 (1) Every member of the Assembly is entitled to such staff, office equipment, supplies and services as may be prescribed by the Board of Internal Economy. 2020, c. 15, s. 6. Office space (2) Every member of the Assembly who is not a member of the Executive Council is entitled to office space in accordance with section 90. 2022, c. 25, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 15, s. 6 - 14/07/2020 2022, c. 25, s. 1
- 08/12/2022 75 Repealed:  2001, c. 15, s. 2. Section Amendments with date in force (d/m/y) 1996, c. 6, s. 19 - 01/04/1996 2001, c. 15, s. 2
- 29/06/2001 75.1 Repealed:  2001, c. 15, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 6, s. 19 - 01/04/1996 2001, c. 15, s. 3
- 29/06/2001 Office of the Assembly
76 (1) The Office of the Assembly shall consist of, (a) the Speaker and the Deputy Speaker; and (b) the Clerk of the Legislative Assembly, the Sergeant-at-Arms and the other employees of the Office of the Assembly. 2020, c. 15, s. 7. Appointment of employees (2) The Board of Internal Economy shall appoint such employees of the Office of the Assembly, other than the Clerk of the Legislative Assembly and the Sergeant-at-Arms, as may be required for the proper conduct of the business of the Office of the Assembly. 2022, c. 25, s. 2. Dismissal, etc., of employees (3) The Board of Internal Economy may dismiss, suspend or reprimand an employee of the Office of the Assembly, other than the Clerk of the Legislative Assembly or the Sergeant-at-Arms. 2022, c. 25, s. 2. Transition (4) For greater certainty, persons who, immediately before the day the Legislative Assembly Amendment Act, 2022 received Royal Assent, were employees of the Office of the Assembly continue to be employees of the Office as if they were appointed by the Board of Internal Economy under subsection (2). 2022, c. 25, s. 2. Transition (5) The Speaker may exercise the powers of the Board of Internal Economy under subsection (2) or (3) until the earlier of, (a) the day the Board of Internal Economy first exercises a power under subsection (2) or (3); and (b) the day the Board of Internal Economy first delegates a power under subsection (2) or (3) to the Speaker under section 107. 2022, c. 25, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 15, s. 7 - 14/07/2020 2022, c. 25, s. 2
- 08/12/2022
77 (1) The Assembly shall, by order, appoint the Clerk of the Legislative Assembly. 2018, c. 17, Sched. 23, s. 4. Selection by panel (2) Unless decided otherwise by unanimous consent of the Assembly, an order shall be made under subsection (1) only if the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member. 2018, c. 17, Sched. 23, s. 4. Definition (3) In this section, “recognized party” has the same meaning as in subsection 62 (5). 2018, c. 17, Sched. 23, s. 4. Transition (4) The Clerk who is in office immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent is deemed to continue to hold office for the purposes of this section. 2018, c. 17, Sched. 23, s. 4. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 23, s. 4 - 06/12/2018
77.1 (1) The Assembly may, by order passed by a vote of at least two thirds of the members of the Assembly, remove or suspend the Clerk of the Legislative Assembly from office for cause. 2018, c. 17, Sched. 23, s. 4. Suspension if Assembly not in session (2) If the Assembly is not in session, the Board of Internal Economy may on unanimous agreement suspend the Clerk for cause. 2018, c. 17, Sched. 23, s. 4. Duration of suspension (3) A suspension under subsection (1) continues until revoked by order of the Assembly or until the Clerk is removed from office pursuant to subsection (1). 2018, c. 17, Sched. 23, s. 4. Same (4) Unless the Board of Internal Economy revokes the suspension before the next sitting of the Assembly, a suspension under subsection (2) continues until revoked by order of the Assembly or until the Clerk is removed from office pursuant to subsection (1). 2018, c. 17, Sched. 23, s. 4. Same (5) Despite subsection (4), no suspension imposed under subsection (2) continues past the 20th sessional day of the next sitting of the Assembly. 2018, c. 17, Sched. 23, s. 4. Report to Assembly (6) The Board of Internal Economy shall report to the Assembly any action taken under subsections (2) and (4) at the earliest opportunity of the next sitting of the Assembly. 2018, c. 17, Sched. 23, s. 4. Meaning of “not in session” (7) For the purposes of this section and section 77.3, the Assembly is not in session when it is, (a) prorogued; or (b) adjourned for an indefinite period or to a day that is more than seven days after the date on which the Assembly was adjourned. 2018, c. 17, Sched. 23, s. 4. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 23, s. 4 - 06/12/2018