Vol. 136, No. 22 — October 23, 2002

Its content is very similar except for the footnotes, the symbols and the tables

Registration SOR/2002-373 10 October, 2002

PARLIAMENT OF CANADA ACT

Members of Parliament Disability Allowance Regulations

P.C. 2002-1742 10 October, 2002

Her Excellency the Governor General in Council, on the recommendation of the Minister of State and Leader of the Government in the House of Commons, pursuant to subsection 71.1(4) (see footnote a)  of the Parliament of Canada Act, hereby makes the annexed Members of Parliament Disability Allowance Regulations.

MEMBERS OF PARLIAMENT DISABILITY ALLOWANCE REGULATIONS

INTERPRETATION

1. The definitions in this section apply in these Regulations.

"Clerk" means,

(a) in respect of a member of the Senate, the Clerk of the Senate; and

(b) in respect of a member of the House of Commons, the Clerk of the House of Commons. (greffier)

"disability allowance" means the allowance referred to in section 71.1 of the Parliament of Canada Act. (allocation d'invalidité)

"member" means a member of the Senate or the House of Commons and includes a former member who resigned from the Senate or the House of Commons because of disability. (parlementaire)

"Minister" means such member of the Queen's Privy Council for Canada as is designated as the Minister for the purposes of the Parliament of Canada Act. (ministre)

DETERMINATION OF ELIGIBILITY

Application

2. (1) A member may, in order to have their eligibility for a disability allowance determined, submit an application for a determination to that effect to the Clerk.

(2) The application shall be in writing and shall be accompanied by

(a) a report of a medical examination performed, within the six months immediately preceding the day on which the application is made, by a physician authorized to practise medicine in the jurisdiction in which the examination was performed, which report shall certify that the member is incapable by reason of disability of performing their duties as a member; and

(b) written evidence of the age of the member.

3. (1) If a member's application for a determination of eligibility is incomplete or if the report of the medical examination is incomplete or imprecise, the Clerk may request in writing that the member, within the time set out in the request, supply the missing information or undergo one or more supplementary medical examinations.

(2) A member who does not comply with the Clerk's request within the time set out in the request, or within the extended time if an extension is granted under subsection 9(2), shall be considered to have abandoned their application.

Determination

4. (1) The Clerk shall, on the basis of the member's application and any other documentation supplied in support of the application, recommend to the Minister whether or not the member is eligible for a disability allowance.

(2) On the recommendation of the Clerk, the Minister shall request that the Governor in Council make a determination of eligibility in respect of the member.

(3) The determination of eligibility by the Governor in Council shall be final in respect of the application to which it pertains. The determination shall be in writing and a copy shall be provided to the member.

New Applications

5. A member who abandons — or who is considered to have abandoned — their application for a determination of eligibility for a disability allowance, who has, in respect of a prior application, been determined by the Governor in Council to be ineligible for a disability allowance, or who has revoked an election to receive a disability allowance, is not prevented from subsequently submitting a new application to the Clerk.

ELECTION

6. A member in respect of whom the Governor in Council has made a determination of eligibility for a disability allowance may, within 90 days after the day on which the determination is made, make an election to receive the disability allowance by sending a notice to that effect to the Clerk, which notice shall be accompanied by details of the member's resignation.

7. (1) A member who makes an election to receive a disability allowance before the Governor in Council has made a determination of eligibility shall send a notice to that effect to the Clerk and shall submit, with their notice, the documents referred to in paragraphs 2(2)(a) and (b).

(2) Sections 3 and 4 apply to a determination of eligibility in respect of a member who makes an election under subsection (1).

8. Notice of an election to receive a disability allowance shall be signed by the member, witnessed and dated.

EXTENSIONS OF TIME

9. (1) A member who is unable, for reasons beyond the member's control, to comply with a request of the Clerk under subsection 3(1) or make an election under section 6 within the time set out for doing so, may in a timely manner make a request in writing to the Clerk — with evidence in support of those reasons — for an extension of time.

(2) The Clerk shall grant the extension if the request and evidence in support establish that it is required.

PAYMENT

10. Every disability allowance shall be paid in accordance with standard payment procedures of the Senate or the House of Commons, as the case may be.

REVOCATION OF ELECTION

11. A member who makes an election to receive a disability allowance may revoke that election at any time on written notice to the Clerk.

REPRESENTATIVES

12. If a member is unable to make any application, election or revocation under these Regulations on their own behalf, a person authorized in writing to do so may act for them, subject to the authorization being provided to the Clerk.

COMING INTO FORCE

13. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

Bill C-28 which received Royal Assent on June 14, 2001 implemented changes to Parliamentary compensation, based on the recommendations of the Commission to review Allowances of Parliamentarians. Section 71 of the Parliament of Canada Act was amended to create a disability allowance for Parliamentarians over the age of 65 equal to 70% of the member's annual salary and allowances, with the details to be set out in the regulations.

The regulations implement the provisions of Bill C-28 and the government's commitments made to the Senate and House of Commons during the Bill's consideration in Parliament.

The regulations provide Parliamentarians who work past the age of 65 with the opportunity to apply for a determination of eligibility to receive a disability allowance upon resignation.

The regulations would require the applicant to submit a medical certificate to the Clerk of the applicant's House. The Clerk would then make a recommendation to the Minister of State and Leader of the Government in the House of Commons, for submission to the Governor in Council as to the determination of eligibility.

The regulations have been prepared in consultation with representatives of the Senate and House of Commons.

Alternatives

The specific details of the regulations reflect the statutory provisions in Bill C-28 and commitments made to Parliament during consideration of Bill C-28, and are based on similar disability provisions in the public sector.

Benefits and Costs

The beneficiaries are Members of the Senate and House of Commons who continue to work after the age of 65. This provision is based on similar provisions for public servants.

Consultation

While not formally included in the report of the Commission to review Allowances of Parliamentarians, this provision was raised in consultation with the Commission and Parliamentarians. This Regulation does not require pre-publication in the Canada Gazette, Part I.

Compliance and Enforcement

The regulations require that the Parliamentarian submit a medical certificate to the Clerk of the House or of the Senate. The Clerk will then make a recommendation to the Minister responsible for the Parliament of Canada Act, who will then make a submission to the Governor in Council as to the determination of eligibility. Once the Clerk receives the Order in Council, approved by the Governor in Council, the Clerk would inform the applicant.

Once a positive determination has been made, the individual has 90 days from the date of the determination to resign. A negative determination does not prevent a Parliamentarian from seeking another determination by submitting new information to the Clerk.

Prior to resigning the Parliamentarian must notifiy the Clerk in writing of the election to receive a disability allowance within six months after the resignation. An election is considered a request to determine eligibility.

Contacts

Luc Desroches

Director General

Corporate Resources

House of Commons

Telephone: 996-0485

Richard Ranger

Director

Finance Directorate

The Senate

Telephone: 943-0197

Ginette Bougie

Assistant Director

Compensation and Classification

Management Priorities and Senior Personnel Secretariat

Privy Council Office

Telephone: 957-5284

Footnote a 

S.C. 2001, c. 20, s. 11

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