House of Assembly Management Commission Regulations
made under Section 27 of the
House of Assembly Management Commission Act
S.N.S. 2010, c. 5
N.S. Reg. 43/2013 (effective February 23, 2013)
amended to N.S. Reg. 22/2024 (effective January 25, 2024)
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Purpose
Interpretation
Expense Claims
Principles
Presumptions
Member responsibility
Restrictions on claims
Member personal liability
Monthly reports
Statements
Speaker requirements
Disagreement with Clerk decision
Documentation
Processing of claims
Constituency Offices
Eligibility for office expenses
Eligibility for constituency office accommodation
Nature and location
Barrier-free requirements
Leasing requirements
Renting from associated person
Office operations, supplies and communications
Donations
Standard office allocation
Support staff
Election period restrictions
House Indemnity-Allowance-Travel-Expense
Indemnity, allowance and salary
Outside member allowance
Leased premises
Non-outside member and outside member of Executive Council allowance
Committee chairs and vice-chairs
Committee expenses
House leaders, whips and caucus chairs
Installment payments
Caucus
Caucus offices
Caucus and task force meetings
Caucus chairs—expenses
Leader of Opposition and Leader of Recognized Party
Expenses within the Province
Special travel
Living allowance
Motor vehicle
Deputy Speaker
Expenses respecting duties
Independent Member
Support services
Constituency Matters
Franking and travel
Services
Attendance at Halifax
Attendance at Ottawa
Attendance outside the Province other than Ottawa
Attendance at authorized parliamentary or legislative meetings
Expenses of critics
General
Restriction
Calculation of travel expense
Out-of-Province travel
Annual adjustment
No recovery upon ceasing to be member
Request for reimbursement
Limitation on reimbursement
Forms
Payment approval
Application
Citation
1 These regulations may be cited as the House of Assembly Management Commission
Regulations.
Purpose
2 The purpose of these regulations is
(a) to provide resources to members to assist them in fulfilling their public
duties and responsibilities as members, for the benefit of the residents of the
Province;
(b) to promote accountability in, and transparency with respect to, the
expenditure of public funds; and
(c) to facilitate public understanding of the use of public funds in fulfillment of
members’ obligations.
Interpretation
3 (1) In these regulations, unless otherwise provided,
(a) “Act” means the House of Assembly Management Commission Act;
(b) “associated person” means a person who does not deal with the member at
arm’s length as provided by the Income Tax Act (Canada);
(ba) “barrier-free requirements” means the barrier-free access and design
requirements applicable to offices under the Nova Scotia Building Code
Regulations, as amended from time to time;
(c) “Clerk” means the Chief Clerk of the House;
(d) “member” means a member of the House;
(e) “outside member” means an outside member as defined by the House of
Assembly Act;
(f) “recognized party” means a party that is represented by two or more
members and is a recognized party in accordance with the Elections Act;
(g) “year” means the fiscal year of the Province as defined in the Finance Act.
(2) Other words and expressions have the same meaning as in the House of Assembly
Management Commission Act and the House of Assembly Act.
(3) For the purpose of clause 19B(2)(b) and subsections 27(3) and 43(1), (4) and (6),
a member ceases to be a member at the end of the month in which
(a) the member dies or resigns; or
(b) an election is held for the member’s electoral district if the member does not
re-offer or is defeated.
(4) For the purpose of subsection 43(3), a person becomes a member at the beginning
of the month in which the election, at which the person was elected, was held.
Expense Claims
Principles
4 (1) All claims and invoices submitted by or on behalf of a member or to provide
resources to a member and all payments and reimbursements made under these
regulations must
(a) be submitted and made in accordance with the intent and purpose of the Act
and these regulations;
(b) be documented and supported in accordance with generally accepted
accounting principles;
(c) not relate to political parties’ activities; and
(d) not give or relate to a personal benefit to any member or an associated
person of a member.
(2) Subject to directives and approval of the Commission, the Clerk and staff of the
House shall develop and maintain proper administrative and financial policies and
procedures with respect to documentation to be provided in support of claims and
invoices submitted for reimbursement or payment.
(3) The policies and procedures referred to in subsection (2) must be included in a
manual.
(4) The Commission shall periodically review the adequacy of the policies and
procedures being applied by the Clerk and staff of the House and may direct
changes that it considers appropriate to those policies and procedures to improve
controls and accountability.
Presumptions
5 (1) Where the Commission makes a direction or requires an action, that direction or
requirement must be made in writing or evidenced by written minutes of the
proceedings or decision of the Commission.
(2) Where in these regulations an expense claim is permitted, that claim must be
made for the time and amount permitted under these regulations or as directed or
limited by the Commission.
(3) Where the Clerk or Speaker makes a ruling that approves additional expenditures
greater than that authorized under these regulations, the Clerk or Speaker shall
report the approval at the next meeting of the Commission and a notation of that
approval must be recorded in the minutes of the Commission.
Member responsibility
6 (1) A member making or incurring an expenditure is the person responsible for
compliance with requirements for claims, payments and reimbursements of
expenses under the Act and these regulations.
(2) A member is not relieved of the member’s responsibility under subsection (1)
because
(a) the member has delegated that responsibility to a constituency assistant or
another person; or
(b) a claim has been accepted for payment by an official of the House or has
been paid.
(3) A member may be required to certify to the Clerk, the Commission or an auditor
of the House that an expense that the member is claiming or has claimed payment
or reimbursement for has been actually incurred in compliance with the Act, these
regulations and the directives of the Commission.
(4) A member is responsible for maintaining appropriate records as prescribed in the
operating and procedures manual, operating the member’s constituency office and
engaging and training support staff in a manner that will facilitate compliance with
the Act, the regulations, directives and the manual.
(5) A member
(a) who is entitled to claim reimbursement under the Act and these regulations
for expenses or for daily amounts or mileage in accordance with any
policies relating to ministers, ministerial assistants or other officers; and
(b) engages in activity or travels in circumstances where the activity or travel
relates both to constituency business and business governed by those
policies,
shall prorate the claim based on the proportion of time spent on constituency
business wherever such expenditures are easily identifiable, but in no case shall
submit claims from two sources for any individual expenditure.
Restrictions on claims
7 (1) A claim for a payment or reimbursement must be made in respect of the year in
which the expenditure was made or incurred, and must be submitted and received
by the Clerk not more than ninety days after the end of that year. Subsection 7(1):
amended December 19, 2012.
(2) An expenditure is considered to have been made or incurred when the goods and
services to which that expenditure relates have been received.
(2A) Notwithstanding subsection (2), an expenditure for advertising is considered to
have been made or incurred on the date of the invoice for the advertising.
(3) Subject to subsection (1), a claim for payment or reimbursement may not be made
more than six months after the date on which the expenditure was made.
(4) Subject to subsections (1) and (3), a claim for payment of travel expenses may
include the period between the date of the election at which the member was
elected and the date the member became a member.
Member personal liability
8 (1) Where a member makes an expenditure that exceeds the maximum allowed for
that category of expenditure in a year, the member is personally responsible for
payment of that expenditure.
(2) Where through inadvertence or otherwise a claim made by a member is paid from
public funds and it is discovered that
(a) the claim should not have been paid or honoured because it was in excess of
the maximum allowed for that category of expenditure; or
(b) the claim was paid in error,
the member is liable for repayment of the over-payment and must, upon request,
immediately pay the amount due to the Crown in right of the Province.
(3) A request pursuant to subsection (2) must be made within six months of the claim
being paid or honoured.
(4) A member is personally responsible for and cannot claim for payment or
reimbursement for the payment of late fee charges by vendors on overdue
accounts or overdraft interest charges by financial institutions.
9 [repealed]
Monthly reports
10 (1) Before the twenty-first of each month, the Clerk shall prepare and provide to each
member a written report outlining for the preceding month
(a) all reimbursements made to the member; and
(b) all payments made on the member’s behalf as authorized by the member,
together with
(c) a statement highlighting the total amount spent by the member during the
current year in each category of claim;
(d) [repealed]
(e) a detailed report of expenditures for that month, sorted by expense category,
that reconciles with the reimbursements and payments referred to in clauses
(a) and (b).
(2) The expenditure amount permitted for a year is considered to be allocated in equal
monthly amounts throughout the year.
(3) A member may request approval of the Speaker to make expenditures in advance
for ongoing considerations, such as the purchase of advertising that is repeated
over a period of months, or for the purchase of a block of flights if savings will
result.
(4) [repealed]
(5) An electronic system accessible by a member from which the member may obtain
the information required under subsection (1) satisfies the requirements of that
subsection.
Statements
11 (1) Twice in each year the Clerk shall prepare a statement detailing individual
expenditures, including the date, description and amount of the transaction, and
summarizing by category of expenditure the amounts paid in respect of which
claims were made and paid that each member is entitled to access.
(2)The Clerk shall provide each statement prepared under subsection (1) to
(a) the caucus office of the member to whom the statement relates; or
(b) the independent member to whom the statement relates,
for review.
(3) Within twenty-one days, or such further time as the Speaker may permit due to
extenuating circumstances, of receipt of a statement under this Section, a member
may state in writing to the Speaker objections that the member has with respect to
its accuracy.
(4) Failure to object to the statement within the time specified under subsection (3) is
deemed to be an acceptance by the member of its accuracy.
(5) [repealed]
(6) Where an objection is filed by the member, the Clerk shall communicate with the
member to resolve the issues identified and, where resolved, revise the statement
accordingly.
(7) Where the member and the Clerk cannot reach an agreement on the issues
identified, the objection must be filed with the Commission for its review and
decision within forty-five days of receipt and the Clerk shall revise the statement
in accordance with the decision.
(8) Section 13 applies only to the revised statement.
12 [repealed]
Speaker requirements
13 (1) The Clerk shall maintain and file a copy of statements prepared under Section 11
in the Office of the Speaker and make them available for inspection by any person
within a reasonable time after a request by that person for inspection.
(2) The Clerk shall post for public access and inspection a copy of each statement on
a website maintained and operated by or on behalf of the Office of the Speaker as
soon as a system is in place so to do.
(3) A statement prepared under Section 11 need not be maintained by the member or
the Clerk for public inspection after five years following the end of the year to
which the statement relates.
Disagreement with Clerk decision
14 (1) A member who is dissatisfied with a decision of the Clerk made under these rules
may appeal that decision to the Commission.
(2) A decision of the Commission with respect to an appeal under subsection (1)
(a) must be made not more than thirty days or, where circumstances warrant,
forty-five days after receipt of the member’s appeal by the Commission; and
(b) is final,
and the decision and reasons for that decision must be recorded in the minutes of
the Commission.
(3) The Commission shall determine and direct the procedure to be followed for
dealing with an appeal contemplated under this section.
Documentation
15 (1) A member shall claim payment or reimbursement in respect of an expense or an
allowance in the manner and on the forms prescribed by the Clerk or the
Commission or as directed by the Commission.
(2) A form prescribed by the Clerk or the Commission must contain a provision
whereby the member is required personally to certify that the expenses to which
the claim relates were actually incurred in compliance with the Act, these
regulations and applicable directives of the Commission.
(3) A member’s claim may not be paid unless, in the opinion of the Clerk, there is
sufficient documentation supplied verifying that each expenditure of the member
was incurred.
(4) A member’s claim, except a daily allowance or mileage claim, may not be paid
unless it is supported by the original invoice together with a signed receipt or other
instrument evidencing payment, such as a credit card or debit card voucher or
cancelled cheque.
(4A) A member’s claim for payment or reimbursement in respect of an expense for
placing an advertisement or communication must include for
(a) a printed advertisement, in a newspaper or magazine, on a banner, in a
pamphlet or some other like medium, the copy of the proof provided by the
member for publishing;
(b) an advertisement in an electronic publication such as a website, television or
newsletter, a printed copy of the electronic page where the advertisement
appeared showing the name of the publication; and
(c) an audio advertisement, a transcript of the spoken words.
(4B) Notwithstanding subsection (4A), where a member is unable to provide the
supporting documentation, the member may submit a claim providing reasons for
the absent documentation and personally undertake to provide the supporting
documentation as soon as it becomes available.
(5) Where an original document is unavailable, a copy, photocopy, faxed copy,
electronic copy or statement itemizing the expenditure may be accepted by the
Clerk upon provision of an explanation, in writing, for the absence of the original.
(6) Where a member makes a claim for an accommodation expense for the rental of
apartment, no original invoice is required so long as proof of payment and a copy
of the lease for the apartment are submitted.
(7) The copy of the lease must be submitted at the beginning of the lease period and
at each renewal or upon any change in the rental rate.
15A (1) The Clerk shall make the documentation referred to in Section 15 available for
inspection and copying by the Auditor General and any other auditor employed by
the Commission on behalf of the House.
(2) The Clerk shall retain the documentation for seven years.
Processing of claims
16 (1) The Clerk shall ensure that the processing of member claims, including their
acceptance[,] verification and approval for payment under these rules is
undertaken in accordance with proper principles of internal control.
(2) Wherever possible, the Office of the Speaker shall ensure reimbursement to the
member for an expense claim within seven days of receipt.
Constituency Offices
Eligibility for office expenses
17 A member may seek reimbursement for the provision of eligible office expenses in order
to conduct the member’s constituency business as a component part of eligible
constituency expense.
Eligibility for constituency office accommodation
18 (1) Subject to Sections 43 and 43A, the constituency office expenses referred to in
Section 17 includes accommodation expenses, for or related to the rental of
permanent or temporary offices, such as
(a) rent;
(b) utilities;
(c) taxes;
(d) insurance;
(e) security;
(f) janitorial services and cleaning supplies;
(g) maintenance, snow removal, sanding, salting and parking, if not covered in
the lease agreement;
(h) necessary renovations or a necessary move to respond to municipal,
provincial and federal regulation respecting the provision of a safe, healthy
and accessible workplace and public space;
(ha) a constituency office accommodation move if necessary to respond to
requirements set out in these regulations respecting constituency office
space; and
(i) signage identifying the office as the member’s constituency office without
any reference to a political party.
(2) [repealed]
(3) A member, who is unable to establish and operate an office to adequately serve
the member’s constituents, may claim expenses for the rental of meeting rooms.
(4) A member, who has a constituency office, may also claim expenses for the rental
of meeting rooms.
(5) A member may not use a constituency office for or to further partisan political
activities.
(6) Following a general election or by-election, a new member who was not a
member in
(a) the preceding General Assembly of the House in the case of a general
election; or
(b) the present General Assembly of the House in the case of a by-election,
is, in addition to the constituency office accommodation funding, entitled to claim
amounts associated with the start-up of the member’s office in an amount of not
more than $2,550.00 to defray expenses as may be determined by the
Commission if the expenditures are made within six months of the member being
declared elected or by the end of the fiscal year during which the member was
declared elected, whichever is later.
(7) A member may make arrangements with the Office of the Speaker for it to pay
directly any regular recurring payment and charge the member’s constituency
account.
(8) Rules regarding the implementation of arrangements described in subsection (7)
must be included in the policy and procedure manual.
Nature and location
19 (1) The member shall research and locate appropriate office space, such space to
include
(a) a private area for the member;
(b) space for a constituency assistant;
(c) a waiting area;
(d) access to public washrooms; and
(e) a separate meeting room if possible.
(2) The space should be on a public transit route if possible.
(3) The space must comply with the barrier-free requirements as provided in Section
19A.
(4) No member may be reimbursed and no payment may be made by the Office of the
Speaker for constituency office accommodation expenses for constituency office
space that does not comply with the barrier-free requirements as provided in
Section 19A except as permitted under that Section.
(5) [repealed]
(6) [repealed]
(7) [repealed]
(8) [repealed]
(9) [repealed]
Barrier-free requirements
19A (1) The constituency office space of a member who is elected at or after the next
general election must comply with the barrier-free requirements within 12 months
after the member is elected.
(2) Notwithstanding subsection (1), where a member
(a) is elected at the next general election;
(b) was a member immediately before that election; and
(c) is continuing to occupy constituency office space used by the member
immediately before that election,
the space must comply with the barrier-free requirements within 36 months after
the member is elected.
(3) Where the constituency office space of a member, or the office space that a
member proposes to occupy as constituency office space, does not comply with
the barrier-free requirements, the Speaker may waive compliance with the
barrier-free requirements to the extent that the Speaker considers the
non-compliance to be merely technical in nature.
(4) Notwithstanding subsections (1) and (2), temporary constituency office space that
does not comply with the barrier-free requirements may be leased for a member
for up to 12 months if
(a) the member prepares a compliance plan setting out how the member will,
within 12 months of the date of the plan, arrange for constituency office
space that complies with the barrier-free requirements;
(b) the member files the compliance plan with the Speaker’s Administration
Office;
(c) the Speaker determines that the compliance plan is likely to result in the
member being able to arrange for constituency office space that complies
with the barrier-free requirements; and
(d) the space is leased on a month-to-month basis.
(5) Where the constituency office space of a member who files a compliance plan
with the Speaker’s Administration Office fails to comply with the barrier-free
requirements within 12 months of the date of the plan, the member must provide
the Speaker with an explanation of why the compliance plan did not work and,
where the Speaker finds the explanation to be reasonable, the member may file
another compliance plan under subsection (4).
(5A) The Speaker may refer any decision to be made by the Speaker under this Section
to the Commission for decision.
(5B) The Speaker and the Commission may retain such expertise as they may consider
necessary or advisable to assist in making a decision under this Section.
(6) A compliance plan that is filed with the Speaker's Administration Office is a
public document and must be posted on the House of Assembly's website.
Leasing requirements
19B (1) The agreed rent for constituency office space must be at fair market rates for
similar space in the area.
(2) A lease contract for constituency office space must
(a) be prepared between the member and the owner of the office space or an
authorized agent of the owner; and
(b) subject to subsection (3), stipulate that the lease is terminable within one
month after the member ceases to be a member and at the end of that month
a further two months[’] rent is payable.
(3) A lease contract that does not comply with clause (2)(b) may be entered into if
required to obtain constituency office space that complies with the barrier-free
requirements and the Speaker approves the lease.
(4) A member who was not a member in the preceding session of the House must
utilize the previous member's constituency office if the office was built or leased
under a lease that does not comply with clause (2)(b), unless the office is in a
location that is, in the opinion of the Speaker, unsuitable for the new member.
Renting from associated person
20 (1) A lease of office accommodation for a member may not be entered into with a
landlord who is an associated person of the member.
(2) Subject to subsection 19B(4) and notwithstanding subsection (1), a member may
operate a constituency office from the member's residence in the member's
constituency if permitted under Section 19A, but is not entitled to claim
reimbursement by way of rent or charge for the use of the space in, or the cost of
any renovations to, the member's residence.
Office operations, supplies and communications
21 (1) Subject to Sections 43 and 43A, a member may claim expenses to cover the costs
of operating a constituency office including expenses for
(a) office supplies;
(aa) safety boots, a hard hat, a reflective vest, eye protection and any other
personal protective equipment that is reasonably necessary or advisable for
the personal use of the member on visiting construction or work sites;
(b) printing;
(c) photocopies;
(d) newspapers, including subscriptions to on-line publications;
(e) telephones, facsimile machines and answering machines or services;
(f) staff professional development;
(g) database maintenance;
(h) advertising, including constituency office hours, contact telephone numbers
for the member, email addresses, notices of constituency meetings and
advertising messages of welcome or congratulations;
(ha) advertising employment opportunities for constituency assistants;
(i) constituency communications including
(i) business cards,
(ii) greeting, sympathy or holiday cards to be sent to constituents or
others relating to the member's constituency work,
(iii) supplies to create certificates, including specialized paper, document
holders or framing, and
(iv) the dissemination of information, that meets the standard of
parliamentary language, directed to the member’s constituents in the
form of constituency newsletters and flyers, a website or any other
medium, including website design and hosting;
(ia) interpretation, translation or other services required to communicate with a
constituent;
(ib) travel for professional development if approval of the Speaker is obtained
before incurring the expense;
(ic) courses for the member or the member’s constituency assistant if approval
of the Speaker is obtained before incurring the expense;
(j) rental of the office space and those expenses authorized in Section 18;
(ja) no more than four constituency open houses annually and the annual cost of
the total number of open houses, other than the advertising costs for the
event, not exceeding $1,000.00;
(k) two tickets to any event related to the member’s constituency work, but not
events related to the member’s political party;
(ka) employing one or more constituency assistants or other staff in addition to
the full-time constituency assistant or full-time equivalent under Section 24;
(l) where required and approved by the Commission, the services of part-time
constituency assistants, or summer students, to be compensated on the
payroll system of the Crown in right of the Province through the Office of
the Speaker; and
(m) any other items, including office equipment, directed by the Commission.
(2) The expenses claimed pursuant to clause (1)(k) for attendance at an event may
include fund-raising dinners where a portion of the ticket price is allocated as a
charitable donation but
(a) where a charitable donation receipt is issued, it must be marked void and
filed with the member’s records; and
(b) in no case, shall a member claim the donation as a tax deduction or credit.
(3) Advertising may not include solicitations of membership in or monetary
contributions to any political party or notices of political-party meetings and other
political-party events. amended September 28, 2010
Donations
22 (1) Subject to Sections 43 and 43A, a member is entitled to be reimbursed for
donations if they consist of
(a) memberships in community or other service organizations, not to exceed
$510.00 per membership per annum; and
(b) certificates, cards, plaques, frames for certificates and such other items as
the Commission may, by directive, approve to allow members to
commemorate and recognize significant events within a constituency and in
the lives of constituents.
(2) For greater certainty, a member may not be reimbursed under Section 22 for a
donation that is a sponsorship or a gift.
Standard office allocation
23 (1) Subject to Sections 43 and 43A, a member is entitled to acquire, as assets of the
Crown in right of the Province, and seek reimbursement for office furniture,
equipment and services for the member’s constituency office based on a standard
office allocation approved by directive of the Commission and may include
(a) authorized office furniture and equipment described in an approved list;
(b) telephone and facsimile services;
(c) computer equipment described in an approved list;
(d) backup drives;
(e) personal data-communication devices and services;
(f) photocopier, printer and scanner services;
(g) Internet services and cable television; and
(h) other items that may be approved by a directive of the Commission.
(2) All purchases within the standard office allocation remain the property of the
Crown in right of the Province and must be identified by appropriate markings as
assets of the Crown in right of the Province.
(3) A member may not personally fund, in whole or in part, the purchase of assets of
the Crown in right of the Province.
(4) The Clerk shall maintain and update an inventory report of all assets of the Crown
in right of the Province entrusted to each member, being assets acquired after
October 27, 2009.
(5) A member is personally responsible for all items in an inventory and shall account
on an annual basis or on demand to the Speaker for the items listed in the
member’s inventory report.
(6) Assets required to be marked in accordance with subsection (2) must be disposed
of in accordance with the applicable asset disposal directives issued by the
Department of Public Works and by the Chief Information Officer, or any other
department responsible and any other person responsible for making asset disposal
directives.
(7) Where a member wishes to dispose of a House asset or have it written off, the
member shall submit a request to the Clerk identifying the item and stating the
reason for the request.
(8) The member shall return the item to the House to be disposed of or otherwise
comply with the Clerk’s directions, at which time the item will be removed from
the member’s inventory.
(9) When disposing of computing devices, the member may exercise one of the
following options:
(a) repurchase the device at the then fair-market value as determined by the
Clerk or a person designated by the Clerk, for the item; or
(b) allow the item to be disposed of in accordance with the asset disposal
process.
(10) A new member shall takeover the furniture, furnishings and equipment utilized by
the outgoing member for that constituency, that are assets of the Crown in right of
the Province, if they are readily available to the new member and are of
reasonable quality and state of repair as determined by the new member.
(11) Subject to subsection (11A), the outgoing member shall turn over the furniture,
furnishings and equipment referred to in subsection (10) to the new member
within one month of the outgoing member ceasing to be a member.
(11A)Where the new member does not takeover [take over] all the furniture, furnishings
and equipment referred to in subsection (10), the outgoing member shall within
one month of ceasing to be a member dispose of in accordance with subsection
(6) any of the furniture, furnishings and equipment not required to be taken over to
the new member pursuant to subsection (10).
(12) Where an asset is to be replaced, the member shall follow the asset disposal
process or otherwise comply with the Clerk’s directions, whereupon the member
is entitled to acquire a replacement item.
(13) [repealed]
Support staff
24 (1) A member is entitled to engage the services of one full-time constituency assistant
or the full-time equivalent.
(2) The Commission shall, by directive, set the salaries and benefits for constituency
assistants.
(3) An employment contract of a constituency assistant must be in a form authorized
by the Commission and be between the member and the constituency assistant.
(4) Constituency assistant salaries and benefits must be paid directly to constituency
assistants by the Office of the Speaker, pursuant to the pay levels and benefits as
exist as at March 1, 2010, until altered by directive of the Commission.
(5) Where the constituency assistant attends training, a meeting or event on behalf of
the member, or carries out an activity that is necessary for the operation of the
member’s constituency office, at the member’s request,
(a) the constituency assistant may present a claim for travelling expenses in
accordance with Section 50 and accommodation and meals at the rate
specified for civil servants;
(b) the claim must be signed by the member indicating the member’s approval
of the travel and the expenditure on the member’s constituency account; and
(c) the claim must be submitted to the Office of the Speaker for disbursement
directly to the constituency assistant.
(6) Where a member considers it necessary to engage a temporary replacement for a
constituency assistant due to vacation, illness, or other temporary absence, the
member may do so upon notice to the Office of the Speaker and completion of the
appropriate forms to enable payment to that employee on the payroll system of the
Crown in right of the Province through the Office of the Speaker.
(7) Payroll services, including proper deductions for the constituency assistants and
temporary replacements, must be arranged by the Office of the Speaker.
Election period restrictions
24A (1) In this Section, “election period” means the period of time between the dissolution
of the House, or the occurrence of a vacancy for which a writ for an election is
issued, and when a candidate is declared elected.
(2) During an election period for an electoral district, a person who was the member
for the electoral district at any time within three months preceding the
commencement of the election period may not
(a) advertise, make donations, engage in constituency communications, engage
additional constituency assistant services or utilize any telecommunications
for which the member is or was reimbursed other than under clause
21(1)(e), or for such activity during the election period claim reimbursement
at any time;
(b) claim reimbursement for attendance during the election period at an event
described in clause 21(1)(k); or
(c) utilize a constituency office, furniture, equipment including equipment
reimbursed for under clause 21(1)(e) or any employee for partisan purposes.
House Indemnity-Allowance-Travel-Expense
Indemnity, allowance and salary
25 (1) Each member is entitled to receive a member’s indemnity in twenty-six equal
instalments, each instalment being paid at equally spaced intervals throughout the
year.
(2) Where as at June 9, 2010, a member of the House of Assembly, the Chief Clerk or
the Sergeant-at-Arms is drawing his or her indemnity, allowance or salary other
than as provided in subsection 25(1) of the Regulations as enacted by subsection
(1), subsection (1) does not apply until the first pay period following December
31, 2010. amended by Regulation 2010A, July 7, 2010
Outside member allowance
26 Each member is entitled to receive $50.00 on account of expenses, without receipts, for
each day that the member is in attendance at the House while the House is in session.
26A (1) For attending the House while it is in session, each outside member, except the
Premier or a member of the Executive Council having charge of a department or
the Leader of the Opposition or a leader of a recognized party, who does not have
an accommodation rental in the Halifax-Dartmouth metropolitan area is entitled to
reimbursement for expenses for either
(a) sleeping accommodation charges, with proper receipts, not exceeding the
government rate for the establishment where the member stayed; or
(b) travel by the shortest and most convenient route between the place where
the outside member is ordinarily resident and the place where the House
ordinarily sits at the rate set out in Section 50, unless the outside member is
in receipt of a vehicle allowance.
(2) Where the outside member normally travels by motor vehicle on a daily basis
between the Halifax-Dartmouth metropolitan area and the member’s constituency
to attend sittings of the House, only the first trip made during a week that the
House is sitting is counted as one of the fifty-two trips referred to in Section 49
and the member is entitled to be reimbursed in accordance with clause (1)(b) for
each additional trip made during the week.
26B Payments may be made pursuant to Sections 26 and 26A in respect of a holiday, a
Saturday or a Sunday if the Speaker determines that travel on the holiday, Saturday or
Sunday is necessary for the purpose of attending a sitting of the House on the following
day.
26C A member may not submit a claim for travel more often than once every two weeks in
respect of payments to be made pursuant to Sections 26 and 26A.
Leased premises
27 (1) An outside member, other than the Premier or a member of the Executive Council
having charge of a department, the Leader of the Opposition or the leader of a
recognized party, is entitled to be reimbursed in a total amount not exceeding
$1,499.00 per month for accommodation expenses in the Halifax-Dartmouth
metropolitan area accounted for by proper receipts.
(1A) Where the maximum amount that may be claimed pursuant to subsection (1) is
not claimed in any month the unclaimed balance may be claimed in a subsequent
month.
(2) Where a member is reimbursed for accommodation expenses pursuant to this
Section, the member may not be reimbursed for sleeping accommodation charges
pursuant to Sections 26A or 44.
(3) A member may be reimbursed for accommodation expenses pursuant to this
Section for necessary termination expenses after the member ceases to be a
member, but not exceeding the allowable reimbursement for three months.
(4) Accommodation expenses in subsection (1) consists of
(a) accommodation rental or hotel accommodations at a rate not exceeding the
government rate for the establishment where the member stayed;
(b) the cost of the parking at or near the accommodation rental unit of one
vehicle;
(c) the cost of utilities provided to the accommodation rental unit;
(d) a security deposit;
(e) the cost of keys or other security devices or services;
(f) the cost of Internet, cable television and telephone service;
(g) the cost of tenant insurance; and
(h) the cost of the rental of appliances or furnishings.
(4A) With the prior approval of and for a reason acceptable to the Speaker, where a
member who has not ceased to be a member, moves from one accommodation
rental to another accommodation rental, the member may claim reimbursement for
the moving expenses associated with the move.
(5) An outside member who enters into an accommodation rental agreement is
entitled on a one-time basis to be reimbursed for the cost, not exceeding
$2,550.00, of
(a) appliances, not exceeding the cost of $400.00 each, that are reasonably
necessary for an accommodation rental, including a kettle, coffee maker,
toaster oven, mini-fridge, microwave oven, heater, dehumidifier, water
cooler and vacuum cleaner;
(b) [repealed]
(c) furnishings;
(d) utensils and cookware; and
(e) linens,
when these items are not provided in the rental accommodation and the
expenditures are made within six months of the member being declared elected or
becoming an outside member or by the end of the fiscal year during which the
member was declared elected or became an outside member, whichever is later.
(6) Notwithstanding subsection (5), a member shall not be reimbursed for the cost of
televisions, radios, CDs, DVDs, DVRs or other forms of entertainment systems or
machines for an accommodation rental.
(6A) All assets purchased pursuant to subsection (5), with the exception of linens and
mattresses, are the property of the Crown in right of the Province and must be
identified by appropriate markings as assets of the Crown in right of the Province.
(6B) Within one month of ceasing to be a member, assets required to be marked in
accordance with subsection (6A) must be disposed of in accordance with the
applicable asset disposal directives issued by the Department of Public Works and
the Chief Information Office, or any other department responsible and any other
person responsible for making asset disposal directives.
(7) Notwithstanding the approval of any amount claimed under this Section, the
Commission shall, as soon as possible, initiate a review of fair-market rates for
apartment rental and utilities, and other like services, and entertain all options for
providing appropriate accommodation to outside members while attending the
business of the House, its committees or to their duties as members. amended by
Regulation 2010A, July 7, 2010
Non-outside member and outside member of Executive Council allowance
28 (1) A non-outside member may claim reimbursement for an overnight hotel stay in
Halifax at a rate not exceeding the government rate for the establishment where
the member stayed when, because of
(a) inclement weather;
(b) time of day; or
(c) any other reason acceptable to the Speaker,
the member
(d) is unable to return to the member’s ordinary residence following a sitting of
the House, a meeting of one of its committees or a caucus meeting; or
(e) needs to be in Halifax for the night before a sitting of the House, a meeting
of one of its committees or a caucus meeting.
(2) On May 1, 2015, and every subsequent May 1st thereafter, each non-outside
member who has claimed reimbursement in accordance with subsection (1) shall
(a) where the House of Assembly is sitting, provide to the Speaker, who shall
table in the House; or
(b) where the House is not sitting, file with the Clerk of the House
a report setting out the dates and the reason in each case for the overnight hotel
stays for the fiscal year ending on March 31st in the year the report is tabled.
Committee chairs and vice-chairs
29 (1) The chair of each standing committee, each select committee and each special
committee of the House is entitled to payment as follows:
(a) Public Accounts Committee—$3,152.00;
(b) all other committees of the House—$2,101.00;
(2) The vice-chair of each standing committee, each select committee and each
special committee of the House is entitled to payment of $525.00.
(3) Subsection (1) does not apply to the Speaker or a member of the Executive
Council.
(4) A payment respecting a position referred to in subsection (1) or (2) must be paid
in two instalments after September 30th and March 31st for the six-month period
ending on that day.
(5) Where more than one member holds a position referred to in subsection (1) or (2)
during any six-month period, the payment to each member must be reduced
proportionally to the percentage of the period that the member serves in the
position.
(6) No payment respecting a position referred to in subsection (1) or (2) may be paid
if the committee for which it is payable has not met during the period or, where
subsection (5) applies, the part of the period to which the payment relates. amended
January 11, 2011
Committee expenses
30 (1) The chair and each member of each standing, select and special committee of the
House and the Commission for each day on which the chair and a member attends
a meeting of a committee or the Commission when the House is not sitting or the
meeting is held outside the Halifax-Dartmouth metropolitan area is entitled to
receive reimbursement for:
(a) $50.00 on account of expenses, without receipts, for each day the committee
or the Commission meets;
(b) actual expenses incurred in respect of accommodation; and
(c) travelling expenses calculated in accordance with Section 50.
(2) Sleeping accommodation charges incurred and claimed pursuant to subsection (1)
must
(a) be accompanied by proper receipts;
(b) not be for more than one night’s accommodation; and
(c) not exceed the government rate for the establishment where the member
stayed.
(3) Other expenses incurred pursuant to subsection (1) may not be for more than two
days.
(4) Payments may be made pursuant to this Section in respect of a holiday, a Saturday
or a Sunday if the Speaker determines that travel on the holiday, Saturday or
Sunday is necessary for the purpose of attending a committee or Commission
meeting on the day following. amended October 19, 2010
House leaders, whips and caucus chairs
31 (1) The House Leader is entitled to a payment of $10,506.00.
(2) The Deputy House Leader is entitled to a payment of $5,253.00.
(3) The person recognized by the Speaker as occupying the position of House Leader
of the Official Opposition is entitled to a payment of $10,506.00.
(4) The person recognized by the Speaker as occupying the position of Deputy House
Leader of the Official Opposition is entitled to a payment of $5,253.00.
(5) The person recognized by the Speaker as occupying the position of house leader
of a recognized party is entitled to a payment of $10,506.00.
(6) The person recognized by the Speaker as occupying the position of deputy house
leader of a recognized party is entitled to a payment of $5,253.00.
(7) The whip of each recognized party is entitled to a payment of $5,253.00.
(8) The caucus chair of each recognized party is entitled to a payment of $10,506.00.
(9) Where a member holds more than one of the positions described in this Section,
the member may only receive payment for the highest-paying position held.
Installment payments
32 (1) A payment respecting a position referred to in Section 31 must be paid in
twenty-six equal instalments, each instalment being paid at equally spaced
intervals throughout the year.
(2) Payments made under subsection (1) commence upon the Office of the Speaker
being advised by the caucus chair that a member is the holder of the position and
cease upon the earlier of the day on which the holder of the position dies or the
caucus chair of the holder of the position advises the Office of the Speaker that the
member has ceased to be the holder of the position.
Caucus
Caucus offices
33 (1) In this Section, “member” does not include the Speaker, the Premier or other
member of the Executive Council, the Leader of the Opposition or the leader of a
recognized party.
(2) Each caucus office is entitled, for support services including employment
positions, to
(a) for the fiscal year 2011-12, $449,595.00 plus $44,287.29 times the number
of caucus members determined at the beginning of the year;
(b) for the fiscal year 2012-13, $445,099.05 plus $43,844.42 times the number
of caucus members determined at the beginning of the year; and
(c) for the fiscal year 2013-14 and subsequent fiscal years, $440,648.06 plus
$43,405.98 times the number of caucus members determined at the
beginning of the year,
and a pro-rated proportion of $44,287.29, $43,844.42 or $43,405.98 as applicable
for the remainder of the year for each additional member the caucus gains during
the year.
(2A) Section 52 does not apply to the amounts set out in subsection (2).
(3) For greater certainty, the entitlement under this Section is not reduced for the loss
by a caucus of a member during the year.
(4) The expenditure of the entitlement under this Section is subject to any guidelines
adopted from time to time by the Commission.
(5) For greater certainty, the sums referred to in this Section do not include the offices
of the Leader of the Opposition or a leader of a recognized party. amended April 27,
2011
Caucus and task force meetings
34 (1) Members of the Government Caucus, members of the caucus of the Official
Opposition and members of the caucus of each recognized party are eligible for
reimbursement, pursuant to subsections (3) and (4), for a maximum of four trips
to attend caucus meetings held in the Province outside the former City of Halifax
during the year.
(2) In lieu of each of one or more of the caucus meetings referred to in subsection (1),
members of the Government Caucus, members of the Caucus of the Official
Opposition and members of the caucus of each recognized party may be
reimbursed in accordance with subsections (3) and (4) for a trip to attend a task
force meeting anywhere within the Province where the task force meets in one
location only and is for a maximum of two nights.
(3) A member attending a caucus meeting pursuant to subsection (1) or a task force
meeting pursuant to subsection (2) is entitled to receive reimbursement for
(a) $50.00 on account of expenses, without receipts, for each day the caucus
meets;
(b) actual expenses incurred in respect of accommodation; and
(c) travelling expenses calculated in accordance with Section 50.
(4) Sleeping accommodation charges incurred and claimed pursuant to subsection (3)
must
(a) be accompanied by proper receipts; and
(b) not exceed the government rate for the establishment where the member
stayed.
Caucus chairs—expenses
35 Where the chair of a caucus is an outside member, that member is entitled to claim and
to be paid, in addition to any other expenses allowed the chair, the same allowance and
reimbursement authorized for an outside member for twelve return trips between the
place where the chair is ordinarily resident and the former City of Halifax.
Leader of Opposition and Leader of Recognized Party
Expenses within the Province
36 The Leader of the Opposition and the leader of a recognized party, in carrying out
official duties within the Province, are entitled to be reimbursed for actual and
reasonable expenses for accommodation, meals, travel and incidentals in a total amount
not exceeding $42,024.00 accounted for by proper receipts.
Special travel
37 In addition to the entitlement authorized by Section 45, the Leader of the Opposition and
the leader of a recognized party are entitled to be reimbursed for actual and reasonable
expenses incurred for accommodation, meals, travel and incidentals incurred by the
Leader or leader and one assistant in carrying out official duties outside the Province on
two separate occasions during the year, except that on each occasion reimbursement may
not exceed expenses incurred for travel that includes more than three nights’
accommodation.
Living allowance
38 The Leader of the Opposition and the leader of a recognized party, as outside members,
are entitled to receive an allowance equivalent to that provided pursuant to the Executive
Council Act to members of the Executive Council for living expenses within the former
City of Halifax.
Motor vehicle
39 The Leader of the Opposition and the leader of a recognized party are entitled to
payment of the same motor vehicle operation expenses as a member of the Executive
Council. amended October 19, 2010
Deputy Speaker
Expenses respecting duties
40 Each Deputy Speaker is entitled to be reimbursed in a total amount not exceeding
$4,202.00 for expenses incurred in carrying out duties as Deputy Speaker accounted for
by proper receipt.
40A (1) Where there is more than one Deputy Speaker, each Deputy Speaker is entitled, in
addition to the salary paid under the House of Assembly Act, to a payment in an
amount such that the sum of that salary and that payment is $12,500.00.
(2) A payment pursuant to subsection (1) must be paid in twenty-six equal
instalments, each instalment being paid at equally spaced intervals throughout the
year.
(3) Payments made under subsection (1) commence upon there becoming more than
one Deputy Speaker and cease upon the day on which there ceases to be more
than one Deputy Speaker.
Independent Member
Support services
41 (1) In this Section, “independent member” means a member who is not a member of
a caucus that receives financial support pursuant to Section 33.
(2) An independent member is entitled to be provided with
(a) office space not exceeding three hundred square feet;
(b) one administrative assistant at the same classification as the member’s
constituency assistant;
(c) office furniture and equipment necessary to furnish and equip the office for
the member and one administrative assistant;
(d) one telephone line; and
(e) reasonable postage.
(3) Where there is any question arising from subsection (2) in respect of the office of
the independent member concerning
(a) the selection of space;
(b) the level of administrative assistant within the assigned classification;
(c) the selection or amount of furniture; or
(d) reasonable postage,
such question must be determined by the Speaker.
(4) [repealed]
Constituency Matters
Franking and travel
42 (1) Subject to Sections 43 and 43A, each member of the House is entitled to be
reimbursed
(a) in substitution for the franking privilege and for expenses incurred on
account of postage or equivalent forms of distribution; and
(b) for expenses incurred on account of travel within the member’s constituency
or in relation to the member’s duties as a member.
(2) [repealed]
(3) Expenses incurred on account of travel in this Section includes travel from the
member’s ordinary residence to the member’s constituency office.
(3A) For travel over 250 kilometres one-way in relation to the member’s duties as a
member, the member is permitted to claim expenses for meals, with receipts, at
the same rate as is paid to civil servants when they travel, if there are available
funds in the member’s franking and travel allowance.
(4) [repealed]
(5) The amounts reimbursed pursuant to clause (1)(a) must be accounted for by
proper receipt.
(6) The amounts reimbursed pursuant to clause (1)(b) are to be paid at the rate set out
in Section 50 and must be accounted for by a proper log of the mileage with the
dates and destinations of a trip and the number of kilometres actually and
reasonably travelled in connection with the trip.
(7) A member shall make the member’s vehicle travel log available for inspection by
the Chief Clerk, the Speaker, the Commission and an auditor appointed by the
Commission within the three year period following the date when a particular trip
was undertaken. amended April 27, 2011
Services
43 (1) In this Section, “expenses” means expenses incurred by a member prior to the
time a member ceases to be a member, or within one month after the member
ceases to be a member, regardless of when the expense is to be paid by the
member except that a member must not be reimbursed for expenses incurred by a
member prior to the time a member ceases to be a member, or within one month
after the member ceases to be a member, if those expenses are required to be paid
more than one month after the member ceases to be a member. Nothing herein in
any way affects severance payments to a constituency assistant payable under a
written contract.
(2) [repealed]
(3) Each member of the House is entitled to be reimbursed in a total amount, net of
sales tax, not exceeding $5,454.00 per month for expenses accounted for by
proper receipt and incurred on account of those items and services in that
member’s constituency as more specifically set out in Sections 18, 19, 19A, 19B,
21, 22, 23 and 42.
(4) Each member of the House is entitled, upon ceasing to be a member of the House,
to be reimbursed for the member’s constituency office rent for two months in
addition to the last month reimbursed pursuant to subsection (3) if the office is not
utilized by another member pursuant to subsection 19B(4) and notice to terminate
the lease has been given at the earliest opportunity to the landlord.
(5) Where the maximum amount that may be claimed pursuant to subsections (3) is
not claimed in any month the unclaimed balance may be claimed in a subsequent
month.
(6) Each member of the House is entitled to receive the sum, net of sales tax, not
exceeding $4,282.00 per month, for expenses accounted for by proper receipt and
incurred on account of services in that member’s constituency in accordance with
subsection (3) for one month after the member ceases to be a member.
(7) Expenses incurred for the lease or the lease-purchase of office furniture and
equipment are expenses for which a member may be reimbursed pursuant to this
Section.
(8) Furniture and equipment acquired pursuant to this Section on or after October 28,
2009, is the property of the Crown in right of the Province.
(9) Notwithstanding anything contained in this Section, a member shall normally
submit not more than one expense claim in a month in respect of all payments
made pursuant to this Section for a month.
(10) Nothing contained in this Section means that the Office of the Speaker may not
make a payment on account of expenses to the person or organization performing
or providing the service on behalf of the member at the member’s request. amended
September 28, 2010
43A (1) [repealed]
(2) Instead of the amount set out in subsection 43(3),
(a) the members for
(i) Antigonish,
(ii) Argyle,
(iii) Cape Breton East,
(iv) Chester–St Margaret’s,
(v) Cumberland North,
(vi) Hants East,
(vii) Hants West,
(viii) Kings West,
(ix) Lunenburg West,
(x) Pictou East,
(xi) Pictou West, and
(xii) Richmond,
are each entitled to be reimbursed in a total monthly amount, net of sales
tax, not exceeding $5,547.00 for expenses accounted for by proper receipt
and incurred on account of those items and services in that member’s
constituency as more specifically set out in Sections 18, 19, 19A, 19B, 21,
22, 23 and 42;
(b) the member for
(i) Annapolis,
(ii) [repealed]
(iii) [repealed]
is entitled to be reimbursed in a total monthly amount, net of sales tax, not
exceeding $5,641.00 for expenses accounted for by proper receipt and
incurred on account of those items and services in that member’s
constituency as more specifically set out in Sections 18, 19, 19A, 19B, 21,
22, 23 and 42;
(c) the members for
(i) Colchester North,
(ii) Digby–Annapolis,
(iii) Eastern Shore, and
(iv) Shelburne,
are each entitled to be reimbursed in a total monthly amount, net of sales
tax, not exceeding $5,735.00 for expenses accounted for by proper receipt
and incurred on account of those items and services in that member’s
constituency as more specifically set out in Sections 18, 19, 19A, 19B, 21,
22, 23 and 42;
(d) the members for
(i) Colchester–Musquodoboit Valley,
(ii) Cumberland South,
(iii) Guysborough–Tracadie,
(iv) Inverness,
(v) Queens, and
(vi) Victoria–The Lakes,
are each entitled to be reimbursed in a total monthly amount, net of sales
tax, not exceeding $5,829.00 for expenses accounted for by proper receipt
and incurred on account of those items and services in that member’s
constituency as more specifically set out in Sections 18, 19, 19A, 19B, 21,
22, 23 and 42.
(3) [repealed]
(3A) [repealed]
(4) [repealed]
Attendance at Halifax
44 (1) Subject to Section 49, each outside member, except the Premier or a member of
the Executive Council having charge of a department or the Leader of the
Opposition or a leader of a recognized party, is entitled to
(a) $50.00 on account of expenses, without receipts, for each day, including
days on which the member is travelling;
(b) where the member does not have an accommodation rental in the Halifax-Dartmouth metropolitan area, reimbursement in addition to that authorized
by clause (a) for travelling expenses calculated in accordance with Section
50, and expenses for sleeping accommodation at a rate not exceeding the
government rate for the establishment where the member stayed, for return
trips between the place where the member is ordinarily resident and the
former City of Halifax, to attend in Halifax other than to attend a sitting of
the House or one of its committees.
(2) Sleeping accommodation charges incurred and claimed pursuant to subsection (1)
must
(a) be accompanied by proper receipts;
(b) not be for more than two nights’ accommodation unless approved in
advance by the Speaker; and
(c) not exceed the government rate for the establishment where the member
stayed.
Attendance at Ottawa
45 (1) Each member is entitled to
(a) $100.00 on account of expenses, without receipts, for each travel day and
for each meeting day when the travel day is not a meeting day;
(b) reimbursement, in addition to that authorized by clause (a), for expenses
incurred for economy air travel, reasonable ground transportation and
sleeping accommodation,
for two return trips between the place where the member is ordinarily resident and
the City of Ottawa to attend in Ottawa on constituency business or on business as
a caucus critic.
(2) Sleeping accommodation charges incurred and claimed pursuant to subsection (1)
must
(a) be accompanied by proper receipts;
(b) not be for more than two nights’ accommodation for each trip; and
(c) not exceed the government rate for the establishment where the member
stayed.
(3) [repealed]
(3A) The Speaker may permit reimbursement of unexpected expenses for a trip
permitted in accordance with this Section on presentation of receipts and the
member’s written reasons for incurring the additional expenses.
(4) The Government Caucus, the Official Opposition Caucus and the caucus of a
recognized party may each designate a member to make two return trips or two
members to each make one return trip to attend in Ottawa on constituency
business or on business as a caucus critic and subsections (1) and (2) apply
mutatis mutandis to each such trip.
Attendance outside the Province other than Ottawa
46 (1) In substitution for any trip to Ottawa to which a member is entitled, the member
may make one return trip between the place where the member is ordinarily
resident and another place in North America outside the Province to attend that
other place on constituency business or business as a caucus critic if approval of
the Speaker is obtained before incurring any of the trip’s expenses and the
member is entitled to
(a) when the trip is within Canada, $100.00 on account of expenses, without
receipts, for each travel day and for each meeting day, when the travel day is
not a meeting day;
(aa) when the trip is outside Canada but within North America, $150.00 on
account of expenses, without receipts, for each travel day and for each
meeting day, when the travel day is not a meeting day;
(b) reimbursement, in addition to that authorized by clause (a), for expenses
incurred for economy air travel, reasonable ground transportation and
sleeping accommodation for one return trip between the place where the
member is ordinarily resident and another place in North America outside
the Province to attend that other place on constituency business, if approval
of the Speaker is obtained before incurring the expenses.
(2) Sleeping accommodation charges incurred and claimed pursuant to subsection (1)
must
(a) be accompanied by proper receipts;
(b) not be for more than two nights[’] accommodation unless approved in
advance by the Speaker; and
(c) not exceed the government rate for the establishment where the member
stayed.
(2A) The Speaker may permit reimbursement of unexpected expenses for a trip
permitted in accordance with this Section on presentation of receipts and the
member’s written reasons for incurring the additional expenses.
(3) [repealed]
Attendance at authorized parliamentary or legislative meetings
47 (1) Each member is entitled to
(a) when the trip is within the Province, $50.00 on account of expenses,
without receipts, for each travel day and for each meeting day when the
travel day is not a meeting day;
(aa) when the trip is outside the Province but within Canada, $100.00 on account
of expenses, without receipts, for each travel day and for each meeting day
when the travel day is not a meeting day;
(ab) when the trip is outside Canada, $150.00 on account of expenses, without
receipts, for each travel day and for each meeting day when the travel day is
not a meeting day;
(b) reimbursement in addition to that authorized by clause (a) , (aa) or (ab) for
expenses incurred for economy air travel, reasonable ground transportation
and sleeping accommodation, if the sleeping accommodation charges are
(i) [are] accompanied by proper receipts,
(ii) [are] not for more nights’ accommodation than are necessary to
attend the planned program for the meeting, and
(iii) do not exceed the government rate for the establishment where the
member stayed, unless determined otherwise by the Speaker for
return trips between the place where the member is ordinarily
resident and another place, to attend at that other place a meeting of
the Commonwealth Parliamentary Association or a meeting of any
other parliamentary or legislative group, if approval of the Speaker is
obtained before incurring the expenses. amended September 28, 2010
(1A) A member is entitled to reimbursement of registration fees for a meeting referred
to in subsection (1) and, where the trip is outside of Canada, for such other
reasonable fees as the Speaker may determine are necessary or advisable,
including the cost of vaccinations and travel visas.
(2) The Speaker may permit reimbursement of unexpected expenses for a trip
permitted in accordance with this Section on presentation of receipts and the
member’s written reasons for incurring the additional expenses.
Expenses of critics
48 (1) A member occupying the position of critic of a department or agency of
Government is entitled to
(a) $50.00 on account of expenses, without receipts, for each day;
(b) reimbursement in addition to that authorized by clause (a), for travelling
expenses calculated in accordance with Section 50 and expenses for
sleeping accommodation charges incurred by the critic,
for attending, for each department or agency of which the member occupies the
position of critic, not more than four meetings per year within the Province which
meetings are necessarily incidental to the duties of the critic, if approval of the
Speaker is obtained before incurring the expenses.
(2) Sleeping accommodation charges incurred and claimed pursuant to subsection (1)
must
(a) be accompanied by proper receipts; and
(b) not exceed the government rate for the establishment where the member
stayed.
(3) Reimbursement pursuant to subsection (1) is limited to three days and two nights
for each meeting.
(4) In lieu of each of one or more of the caucus meetings referred to in subsection
34(1), members of the Government Caucus, members of the Caucus of the
Official Opposition and members of the caucus of each recognized party may be
reimbursed in accordance with this Section for a meeting referred to in subsection
(1) if approval of the Speaker is obtained before incurring the expenses.
General
Restriction
49 Except as authorized by Section 26A, no member may be reimbursed for travel expenses
authorized by Sections 26A and 44 in excess of fifty-two return trips in the year between
the place where the member is ordinarily resident and the former City of Halifax to
attend in Halifax, other than for attendance at a meeting of a select committee, a special
committee or a standing committee.
Calculation of travel expense
50 Each outside member of the House, the Leader of the Opposition and a leader of a
recognized party entitled under the House of Assembly Act to receive travelling expenses
is entitled to be reimbursed out of the General Revenue Fund of the Province for claimed
travelling expenses incurred for travel by the shortest and most convenient route between
the place where the member is ordinarily resident and the place where the House
ordinarily sits or the Committee is meeting at
(a) the same rate per kilometre as is paid to civil servants;
(b) the cost of economy air travel plus reasonable ground transportation; or
(c) the cost of another means of transportation not exceeding the amount that
could be claimed under clause (a).
Out-of-Province travel
51 Members of the House are entitled to reimbursement for health-insurance premiums for
out-of-Province travel on House business, if such premiums are necessary to maintain
coverage.
Annual adjustment
52 (1) Subject to the approval of the Commission, the fixed amounts set out in the
regulations, except the amount in clause 50(a), are increased on April 1st of each
year by the increase in the Consumer Price Index for Nova Scotia or the core
Consumer Price Index for Canada, whichever is lower, for the previous year,
rounded to the nearest dollar.
(2) [repealed]
(3) [repealed]
No recovery upon ceasing to be member
53 Where
(a) a member dies or resigns; or
(b) there is a general election during the year and a member does not reoffer or
is defeated,
no recovery of any amounts paid to the member pursuant to this regulation may be made
as a result of the member not being a member for the remainder of the year.
53A When an outside member ceases to be a member in accordance with Section 53, the
member may claim the expenses for two trips from the member’s ordinary residence to
the Halifax-Dartmouth metropolitan area to vacate the member’s rental accommodation
and to vacate the member’s personal caucus office.
Request for reimbursement
54 A person who makes a request for payment or reimbursement shall
(a) make the request in writing on the form provided by the House of Assembly
Management Commission;
(b) make the request within six months from the time the payment or claim for
which reimbursement is made was incurred or became eligible to be paid;
(c) sign the request and certify that the request is correct; and
(d) forward the request to the Office of the Speaker.
Limitation on reimbursement
55 (1) Notwithstanding anything contained in this regulation, no member may claim for
reimbursement an expense
(a) for which the member is reimbursed pursuant to another regulation or
enactment;
(b) paid to an associated person;
(c) paid to a person living in the same dwelling, as a member of the same
household;
(d) paid to any business or on account of property in which the member or
those persons mentioned in clause (b) or (c) have an ownership interest.
(2) Notwithstanding anything contained in this regulation, no member may claim for
reimbursement for meals or other food or refreshment for any day if the member
is entitled for that same day to the amount set out in
(a) Section 26;
(b) [repealed]
(c) clause 30(1)(a);
(d) clause 34(3)(a);
(e) clause 44(1)(a);
(f) clause 45(1)(a);
(g) subsection 46(1);
(h) subsection 47(1); or
(i) clause 48(1)(a).
Forms
56 (1) The Clerk may prescribe any forms the Clerk considers necessary or advisable for
the purpose of these regulations.
(2) Notwithstanding subsection (1), the Commission may, by directive, prescribe any
forms the Commission considers necessary or advisable for the purpose of these
regulations.
Payment approval
57 (1) Directions for payment of indemnities, allowances, payments or reimbursements
and approval of requests for payment or reimbursement must be issued or made
by the Speaker, the Deputy Speaker or a person designated by the Speaker.
(2) The person who approves a request for payment or reimbursement has the
authority to reduce or increase the amount of the payment or reimbursement
claimed where that person determines that the amount claimed is in error.
(3) A member’s expense claim form and private vehicle usage report must be
completed in their entirety, including detailed expenditures, as required by the
Office of the Speaker for reimbursement. amended October 19, 2010
Application
58 This regulation applies on and after June 9, 2010.
The following regulations are not yet in force and are not included in
the current consolidation: