BILL NO. 47

(as introduced)

1st Session, 60th General Assembly
Nova Scotia
55 Elizabeth II, 2006

Government Bill

House of Assembly Act
(amended)

The Honourable Michael G. Baker, Q.C.
Government House Leader

First Reading: July 10, 2006

(Explanatory Note)

Second Reading: July 11, 2006

Third Reading: July 14, 2006 (LINK TO BILL AS PASSED)

This Bill provides a new method for independently determining the compensation for members of the House of Assembly, including members of the Executive Council.

1 Section 45 of Chapter 1 (1992 Supplement) of the Revised Statutes, 1989, the House of Assembly Act, as amended by Chapter 47 of the Acts of 2001, Chapter 34 of the Acts of 2002, Chapters 3 and 37 of the Acts of 2004 and Chapter 51 of the Acts of 2005, is further amended by adding immediately after subsection (10) the following subsection:

(11) Notwithstanding subsection (1),

(a) no persons shall be appointed pursuant to subsection (1) after the coming into force of Section 45A; and

(b) subsections (2) to (4) do not apply after the coming into force of Section 45A to persons appointed pursuant to subsection (1) in the year 2006.

2 Chapter 1 is further amended by adding immediately after Section 45 the following Section:

45A (1) Within sixty days after ordinary polling day in each general election, the Speaker shall appoint three persons to make an inquiry and a report respecting the annual indemnity to be paid to members of the House pursuant to this Act, the salaries to be paid to the Speaker, the Deputy Speaker, the Leader of the Opposition and the leader of any other recognized opposition party pursuant to this Act and the salaries to be paid to members of the Executive Council pursuant to the Executive Council Act.

(2) Where no Speaker is elected by the House within sixty days after ordinary polling day, the Chief Clerk shall appoint the three persons to make the inquiry and report.

(3) Persons appointed by the Speaker pursuant to subsection (1) of Section 45 in the year 2006 before the coming into force of this Section are deemed to have been appointed pursuant to subsection (1) of this Section.

(4) The persons appointed pursuant to subsection (1) or (2) have all the powers, privileges and immunities of a commissioner pursuant to the Public Inquiries Act and shall complete their inquiry and deliver their report containing recommendations to the Speaker or, where no Speaker has been elected, the Chief Clerk within ninety days after ordinary polling day.

(5) The Speaker or Chief Clerk, as the case may be, upon receipt of the report containing the recommendations of the persons appointed pursuant to subsection (1) or (2), shall cause their recommendations respecting the annual indemnity to be paid to members of the House pursuant to this Act, the salaries to be paid to the Speaker, the Deputy Speaker, the Leader of the Opposition and the leader of any other recognized opposition party pursuant to this Act and the salaries to be paid to members of the Executive Council pursuant to the Executive Council Act to be implemented and those recommendations have the same force and effect as if enacted by the Legislature and are in substitution for provisions of this Act and the Executive Council Act, as the case may be.

(6) The recommendations are effective the first day of the month immediately following the month in which ordinary polling day occurred.

(7) In each subsequent year on the anniversary date of the effective date of the recommendations, the annual indemnity and salaries shall be increased proportionately to the increase in the consumer price index.

3 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.