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BOARD OF INTERNAL ECONOMY
Members By-Law
Current as of April 1, 2017




TABLE OF PROVISIONS
Members By-Law
Interpretation
1
Definitions
Sub-group
Principles of Interpretation
2
Principles
Board’s decisions
Inconsistencies
3
By-law prevails
PART 1
General Provisions
Use of House of Commons Resources
4
Parliamentary functions
Partisan activities
Not parliamentary functions
Precision
Requirements
5
Limitation
6
Restriction — donations
7
Restriction — third party
Exception — advertising event or activity
8
Restriction — fund raising
9
Other restrictions
10
Use of goods or premises
General Principles Respecting Expenditures
11
Allocation of expenses
Prohibition — previous fiscal year
Current fiscal year
12
Maximum expenditures
Disbursement excess
Disclosure
13
Disclosure of Members’ expenses
Claims to be Certified
14
Certification
Information
Payment in Line with Contract
15
Prohibition
Communications Outside of Parliamentary Proceedings
16
Communications
Delegation of Authority
17
Prohibition
18
Authorization of House Officer
Notice
Non-Compliance with By-law
19
Measures
20
Arrears of 90 days or more
21
Civil remedy
Offence
Refer to standing committee
PART 2
Resources Provided to Members by the House of Commons
DIVISION 1
Resources
Offices and Services
22
Parliamentary office
23
Furniture, furnishings and office equipment
24
Constituency office
Location
Lease
25
Constituency office furniture
Property of the House of Commons
26
Property
27
Product of research
House of Commons Assets Report
28
Report
Notice of non-compliance
Refusal to pay
Printing Services
29
Goods and services
Distribution
Postal and Other Services
30
Goods and services
Telecommunication and Computer Support Services
31
Telecommunication, etc.
Access to Parliamentary Internet
32
Definition of “Parliamentary Internet”
Conditions of use
Language Training
33
Language training
DIVISION 2
Travel and Relocation
Interpretation
34
Definitions
Travel Status
35
Resources
Travel status
Declaration
Changes to declaration
Economical Means of Transportation
36
Requirement
Eligible Travellers
37
General
Designated Traveller
38
Designation
Validity period
Public registry of designated travellers
Dependants
39
Identify
40
[Repealed]
Travel Points System
41
Fiscal year
Year of general election
Impacts of election
Allocation of Points to Certain House Officers
42
Party Leader
Point Usage
43
Trip
Travel Status Expense Account and Member’s Office Budget
44
Member
45
Designated traveller, etc.
Transportation Costs Reimbursed
46
Claim form and content
Reimbursement limit
Per Diem Rates
47
Per diem rates
Departure and return days
Meal at no cost
Accommodation Expenses
48
Travel status
Employee Travel
49
Parliamentary or constituency office
Special trips
House Officer’s employee
National caucus research office employee
Automobile
50
Direct route
Personal vehicle
Chartered Aircraft or Boat
51
Chartered aircraft or boat
Commuting Expenses
52
Prohibition
Secondary Residence
53
Reimbursement
Requirements
Separate locations
Clarification
Secondary residence
Ownership
No reimbursement
54
Maximum claims
Relocation
55
National Capital Region
Former Members
Reimbursement
DIVISION 3
Member’s Office Budget
Budget
56
Budget elements
Carry forward
Year of general election
Impacts of election
Re-elected Member
Winding-up
Allowable Use of Member’s Office Budget
57
Allowable expenditures
Advertising expenses
Definition of “advertising”
Miscellaneous Expenditures Account
58
Allowable amount
Other use
Petty Cash
59
Office expenses
Requirement
More than $100
60
[Repealed]
PART 3
Member’s Responsibilities
Responsibilities of Member as Employer
61
Office employees
Responsibilities of Member
Notice
No payment
62
Member may not employ
Other persons excluded
Exception
Part-time employees
Responsibilities of Member as Contracting Party
63
Contracts
Termination clause
Form of contract
Notice
No payment
64
Member’s responsibility
Contracts
65
Member may not contract
Other persons excluded
Exception
66
Restriction — immediate family
Restriction — employee
Part 4
Resources Provided to Recognized Parties and House Officers
DIVISION 1
Resources Provided to Recognized Parties
National Caucus Research Offices
67
Research office
Designate responsible Member
68
Requirements
Part 1
69
Research office budget
Allowable expenditures
Carry forward
Year of general election
Impacts of general election
70
Separate resources
71
Expenditures
Form of contract
72
Operation of office
73
Goods and services
74
[Repealed]
75
[Repealed]
76
[Repealed]
Transfer between Budgets
77
Prohibition
DIVISION 2
Resources Provided to House Officers
Application of General Provisions
78
Part 1
Disclosure of expenses
79
Separate from Member’s resources
Goods and Services
80
Goods and services
House Officer Budget
81
House Officer Budget
Allowable expenditures
Carry forward
Year of general election
Impacts of general election
Transfer between Budgets
DIVISION 3
Allowable Expenses
82
[Repealed]
Hospitality Expenses
83
Speaker, etc.
84
Deputy Speaker, etc.
Carry forward
Employee Travel Expenses
85
Charged to Member’s Office Budget
DIVISION 4
Responsibilities of House Officer as Employer
Powers of House Officers
86
Responsibilities
87
Office employees
88
Notice
No payment
89
House Officer may not employ
Other persons excluded
Exception
Part-time employees
DIVISION 5
Responsibilities of House Officer as Contracting Party
Expenditures
90
Contracts
Termination clause
Form of contract
Notice
No payment
91
House Officer’s responsibility
92
House Officer may not contract
Other persons excluded
Exception
93
Restriction — immediate family
Restriction — employee
Place of Work
93.‍1
PART 5
Dissolution of Parliament
Interpretation
94
Definitions
General
95
Election activities
Constituency office
Service to constituents
Services
96
Ten days
Translation services
Members and House Officers
Information technology
97
National caucus research office
Service to constituents
Notice to employees
Salaries of employees
Employees
98
Use of Member’s Office Budget
Contracts
99
Prohibition
100
Use of Member’s Office Budget
Travel
101
Member
Designated travellers and others
No claims for travel within constituency
House Officers
102
Prohibition
Chair of the national caucus
102.‍1
Use of Offices
103
Use of House Officer Budget
103.‍1
Use of House Officer Budget
103.‍2
Notice to employees
Salaries of employees
103.‍3
No separation entitlement
National Caucus Research Office Budget
104
Use of budget
104.‍1
Use of budget
Information Provided by Board
105
Funds, goods, services and premises
PART 6
Former Members
Interpretation
106
Definitions
Former Member
107
Effective date
Deemed effective date
Services to Constituents
108
Vacancy
If not seeking re-election
If not re-elected
Death of Member
Employees
109
60 days
Notice deemed received
Vacancy
Engage replacements
110
Determination
Office budget
111
[Repealed]
112
Funds and assets
Resettlement
113
Reimbursement
114
If not seeking re-election
If not re-elected
Trips
115
Trips between Ottawa and constituency
Member who resigns
116
Deceased Member


HOUSE OF COMMONS OF CANADA
Members By-Law
Interpretation
Definitions
1(1)The definitions in this section apply in this By-law, unless otherwise provided.
Board means the Board of Internal Economy established by section 50 of the Parliament of Canada Act. (Bureau)
contract for professional services means an agreement to retain a person or entity to directly assist a Member in carrying out his or her parliamentary functions, including assistance in research, writing, communications as well as temporary office assistance, but not including the provision of legal advice or representation. (contrat de services professionnels)
dependant means a child of a Member, including a stepchild, an adopted child, a foster child, a child in respect of whom the Member is the legal guardian, or a child of his or her spouse who is financially dependent on the Member for necessary maintenance or the necessities of life such as food, lodging, medical care, clothing and cost of education and who is
(a)under 21 years of age;
(b)21 or older, but not more than 25 years of age, and in full-time attendance at a recognized educational institution; or
(c)regardless of age, wholly dependent upon the Member by reason of physical or mental disability. (personne à charge)
designated traveller means a person designated in accordance with section 38. (voyageur désigné)
House Administration means the Clerk of the House of Commons and the employees under the Clerk’s authority. (Administration de la Chambre)
House Officer means any of the following persons:
(a)the Member occupying the following positions:
(i)Speaker of the House of Commons,
(ii)Deputy Speaker of the House of Commons and Chair of Committees of the Whole House,
(iii)Deputy Chair of Committees of the Whole House,
(iv)Assistant Deputy Chair of Committees of the Whole House,
(v)Government House Leader,
(vi)Leader of a recognized party, but does not include the Prime Minister,
(vii)House Leader of a recognized party,
(viii)Whip of a recognized party, or
(ix)Chair of the national caucus of a recognized party; or
(b)any Member who is a former Prime Minister. (agent supérieur de la Chambre)
immediate family means a Member’s father, mother, brother, sister, spouse and children, as well as the spouses and children of the Member’s children. (proche famille)
Member means a Member of the House of Commons. (député)
Members’ Allowances and Services manual means the manual entitled Members’ Allowances and Services, as amended from time to time, that is issued by the House Administration under the authority of the Board and that is a guide to the policies and decisions of the Board as they apply to the budgets, amounts, allowances, rates and limits set by the Board in accordance with section 16 of the Governance and Administration By-law with respect to the funds, goods, services and premises provided under this By-law. (manuel Allocations et services aux députés)
national caucus means all of the Members of a recognized party. (caucus national)
parliamentary functions, in relation to a Member, means the duties and activities that relate to the position of Member, wherever performed and whether or not performed in a partisan manner, namely, participation in activities relating to the proceedings and work of the House of Commons and activities undertaken in representing his or her constituency or constituents. (fonctions parlementaires)
Parliamentary office means an office that is located on or near Parliament Hill. (bureau parlementaire)
political party executive means any person who
(a)has been identified as an officer, auditor or chief agent
(i)of a political party under section 366 of the Canada Elections Act, or
(ii)of a registered political party under section 382 of that Act; or
(b)holds an office or occupies a position identified in the constitution of a registered political party. (membre de l’exécutif d’un parti politique)
premises means any place provided for the use of the House of Commons, its committees, and members or the House Administration, and any place where the House or any of its committees sits and includes a Member’s constituency office. (locaux)
recognized party means a party that has a recognized membership of 12 or more persons in the House of Commons. (parti reconnu)
registered political party means a political party that is entered in the registry of parties referred to in section 374 of the Canada Elections Act as a registered party. (parti politique enregistré)
spouse, with respect to a Member at any time, means a person who, at that time, is married to the Member; is cohabiting with the Member in a conjugal relationship, having so cohabited for a period of at least one year; or is cohabiting with the Member in a conjugal relationship and is the parent of a child of whom the Member is a parent. It does not include a person from whom the Member is separated where all support obligations and family property have been dealt with by a separation agreement or by a court order. (conjoint)
Sub-group
(2)Reference to the national caucus is not considered to be a reference to a sub-group of the national caucus.
Principles of Interpretation
Principles
2(1)The following general principles of interpretation apply in this By-law:
(a)the Board has exclusive authority to determine the proper use, by Members, of the funds, goods, services and premises provided by the House of Commons and to establish policies related to that use;
(b)a Member shall be provided with financial resources and administrative services for the perform-ance of the Member’s parliamentary functions, subject to the authority of the Board;
(c)a Member has the constitutional rights, immunities and independence applicable to his or her position in order to perform his or her parliamentary functions free from interference or intimidation; and
(d)a Member has full discretion in the direction and control of work performed on the Member’s behalf by employees and contractors engaged by the Member and is subject only to the authority of the Board and the House of Commons in the exercise of that discretion.
Board’s decisions
(2)When, in this By-law, it is stated that something or someone is subject to conditions set by the Board or that some elements are determined by the Board, the reference is to decisions made by the Board under the Parliament of Canada Act, including opinions it issues under sections 52.‍6 and 52.‍8 of that Act.
Inconsistencies
By-law prevails
3In the event of any inconsistency between this By-law and any provision of a policy decision, the Members’ Allowances and Services manual or any other administrative manual, this By-law prevails to the extent of the inconsistency.
PART 1
General Provisions
Use of House of Commons Resources
Parliamentary functions
4(1)The funds, goods, services and premises provided by the House of Commons to a Member under the Parliament of Canada Act, this By-law or any other by-law made under that Act may be used only for carrying out the Member’s parliamentary functions.
Partisan activities
(2)The funds, goods, services and premises provided by the House of Commons to a Member may be used by the Member for partisan activities only if those activities fall within the parliamentary functions of the Member.
Not parliamentary functions
(3)For greater certainty, the following activities, when performed by a Member, are not parliamentary functions:
(a)activities related to the private interests of a Member or a Member’s immediate family;
(b)activities related to the administration, organization and internal communications of a political party, including participation in a party leadership campaign or convention, solicitations of contributions and solicitations of membership to a political party;
(c)activities related to a Member’s re-election;
(d)activities designed, in the context of a federal, provincial, or municipal election, or any other local election, to support or oppose a political party or an individual candidate; and
(e)activities that are related to a meeting of an electoral district association, as defined in the Canada Elections Act, and that are carried out for nomination, electoral or sponsorship purposes or that relate to soliciting contributions or membership.
Precision
(3.‍1)For greater certainty, a Member’s parliamentary or constituency office shall not be used as a meeting or organizational location in relation to any of the activities referred to in subsection (3).
Requirements
(4)Members shall ensure that the requirements set out in subsection (1) are met.
Limitation
5A Member may not allow the funds, goods, services and premises provided by the House of Commons to be used by anyone other than the Member’s employees or, subject to conditions set by the Board, those with whom the Member has a contract for professional services.
Restriction — donations
6Subject to conditions set by the Board, a Member may not donate, directly or indirectly, to any person, cause or organization, funds, goods or services provided by the House of Commons to the Member.
Restriction — third party
7(1)Except as may be approved by the Board and subject to subsection (2), a Member may not use funds, goods, services and premises provided by the House of Commons for the benefit of any person, association or organization, or for the promotion of a product, service or event of any person, association or organization.
Exception — advertising event or activity
(2)A Member may use his or her Member’s Office Budg-et, subject to the financial limit set in subsection 57(2), the printing and copying services provided by the House or the Parliamentary Internet for the purpose of advertising an event or activity for the benefit of any person, association or organization, only if the following conditions are met:
(a)the advertisement is directed at people residing within the constituency of the Member;
(b)the advertisement includes the Member’s name and contact information;
(c)the advertisement is in accordance with any content and form requirements as may be set by the Board; and
(d)except in the case of printing and copying, the advertisement is for the purpose of communicating the Member’s participation in the event or activity.
Restriction — fund raising
8The funds, goods, services and premises provided by the House of Commons to a Member may not be used for the purpose of soliciting contributions.
Other restrictions
9The funds, goods, services and premises provided by the House of Commons to a Member may not be used to support Senators, the Senate or the Government of Canada in the performance of their duties and functions.
Use of goods or premises
10A Member has the custody and use of goods or premises provided by the House of Commons under the Parliament of Canada Act, this By-law or any other by-law made under that Act and shall ensure that they are not abused or damaged other than by reasonable wear and tear.
General Principles Respecting Expenditures
Allocation of expenses
11(1)Expenditures made by the House of Commons on behalf of Members shall be charged to the fiscal year in which the goods are received or the services are rendered.
Prohibition — previous fiscal year
(2)Expenditures in one fiscal year may not be charged to a previous fiscal year.
Current fiscal year
(3)Expenditures from a previous fiscal year may be charged to the Member’s Office Budget for the current fiscal year provided that the expenditures are within the limits of the Member’s Office Budget of the previous fiscal year and are submitted by June 30 of the current fiscal year.
Maximum expenditures
12(1)The total expenditures eligible for payment or reimbursement under this By-law shall be within the budg-ets, amounts, allowances, rates and limits set by the Board in accordance with section 16 of the Governance and Administration By-law.
Disbursement excess
(2)Members are personally responsible for paying expenditures that exceed the budgets, amounts, allowances, rates and limits referred to in subsection (1) or that do not conform to this By-law.
Disclosure
Disclosure of Members’ expenses
13The Speaker of the House of Commons shall publish, on the Parliament of Canada website, at such time as may be determined by the Board and subject to conditions set by the Board, a report of Members’ expenses setting out the expenditures made from each Member’s Office Budget and all other expenditures relating to goods and services provided by the House of Commons to the Member.
Claims to be Certified
Certification
14(1)Claims for reimbursement or payment made under this By-law shall be certified by the Member or his or her delegate in a manner determined by the Chief Financial Officer.
Information
(2)The Chief Financial Officer shall specify the information to be contained in the claims referred to in subsection (1).
Payment in line with Contract
Prohibition
15No money may be paid to any person or entity for the supply of goods or services under a contract unless the goods or services have been supplied in accordance with the contract.
Communications Outside of Parliamentary Proceedings
Communications
16Members’ communications outside of parliamentary proceedings may be subject to applicable federal or provincial law, including that which relates to defamation or intellectual property rights. Members are personally liable for non-compliance with those laws.
Delegation of Authority
Prohibition
17Subject to conditions set by the Board, a Member may not authorize any of his or her employees to sign, on behalf of the Member, any contract that the Member may sign under this By-law.
Authorization of House Officer
18(1)A House Officer may authorize, in writing, subject to conditions set by the Board, an employee of the House Officer to initiate expenditures, to sign contracts in relation to employees and contracts for professional services on behalf of the House Officer, to determine work-related matters and to authorize payments provided for in this By-law.
Notice
(2)A House Officer who authorizes an employee for the purposes of subsection (1) shall notify the Chief Financial Officer promptly in writing of the authorization, its extent and terms and, as the case may be, its termination.
Non-Compliance with By-Law
Measures
19If a person fails to comply with this By-law
(a)the Board or the Clerk of the House of Commons acting under the authority of the Board may give written notice to the Member responsible, requiring the Member to rectify the situation to the satisfaction of the Board or the Clerk;
(b)if the situation is not rectified to the satisfaction of the Board or the Clerk, the Board may order that any amount of money necessary to rectify the situation be withheld from any budget, allowance or other payment that may be made available to the Member under this By-law or the Governance and Administration By-law; and
(c)the Board may order that any budget, allowance or other payment that may be made available to the Member under this By-law or the Governance and Administration By-law be frozen for such time and on such other conditions as the Board considers necessary
(i)if the non-compliance continues, or
(ii)if the Board considers it necessary to protect House of Commons funds.
Arrears of 90 days or more
20If a Member is 90 days or more in arrears in an amount owed to the House of Commons, the Chief Financial Officer may deduct the amount in arrears from any amount to be paid by the House of Commons to the Member, except a payment under section 55.‍1, 62.‍1, 62.‍2 or 62.‍3 of the Parliament of Canada Act.
Civil remedy
21(1)Nothing in this By-law affects any other civil remedy that may be available to the Board.
Offence
(2)Where, in the opinion of the Board, expenditure or use of funds, goods, services or premises may constitute an offence under any applicable federal or provincial law, the Board may refer the matter to the competent authority.
Refer to standing committee
(3)Where, in the opinion of the Board, an expenditure or use of funds, goods, services or premises ought to be considered by the House of Commons as a matter for possible disciplinary action, the Board may take the necessary steps to have the matter referred to the appropriate standing committee of the House.
PART 2
Resources Provided to Members by the House of Commons
DIVISION 1
Resources
Offices and Services
Parliamentary office
22Every Member shall be provided with a Parliamentary office.
Furniture, furnishing and office equipment
23Every Member shall be provided with office furniture, furnishings and office equipment for his or her Parliamentary office, subject to conditions set by the Board.
Constituency office
24(1)Subject to conditions set by the Board, every Member may establish one or more offices in or near the Member’s constituency to serve constituents and carry out the Member’s parliamentary functions.
Location
(2)A Member may locate a constituency office in the constituency of another Member only if the other Member consents.
Lease
(3)A lease for a constituency office may be negotiated and signed by a Member as lessee, but if the lease is terminated by reason of the Member’s resignation, retirement or election defeat, no payment under this By-law in respect of the lease may be made for more than a 3-month period from the date of the termination.
Constituency office furniture
25A new Member assumes the custody and use of the furniture, furnishings, equipment and other assets owned by the House of Commons from the previous Member’s constituency office, which are to be transferred to the new Member after the election within any time limit as may be set by the Board.
Property of the House of Commons
Property
26Subject to section 27, real and personal property, including intellectual property rights, provided under the Parliament of Canada Act, this By-law or any other by-law made under that Act or produced by services provided under that Act, this By-law or any other by-law made under that Act, are the property of the House of Commons.
Product of research
27Information in any form that has been supplied to or generated for a Member in the context of services provided under the Parliament of Canada Act, this By-law or any other by-law made under that Act remains the property of the House of Commons but under the exclusive direction and control of the Member while in office and, after leaving office, of a former Member, if a licence to use that information has been issued to the former Member. The Member may make personal and private use of the information or release it to the public, but may not make commercial use of it without the consent of the Board.
House of Commons Assets Report
Report
28(1)Every Member shall, within 30 days of receiving a report of House of Commons assets that are in the possession of the Member, including those located in the Parliamentary office and constituency office, confirm the report’s accuracy in writing to the author of the report.
Notice of non-compliance
(2)If a Member does not comply with subsection (1), the Chief Financial Officer shall give written notice thereof to the Member and the Whip of the Member’s party or, if the Member has no Whip, the Speaker of the House of Commons.
Refusal to pay
(3)If, within 30 days after notice is given under subsection (2), the Member does not confirm the accuracy of the report, the Chief Financial Officer may refuse to pay for the allowable expenditures of the Member, other than the remuneration of employees.
Printing Services
Goods and services
29(1)Every Member shall be provided with the following goods and services, subject to conditions set by the Board:
(a)printing of personalized stationery for the Member;
(b)printing of Season’s Greetings cards;
(c)subject to the provisions of paragraph (e), printing of four householder mailings per calendar year;
(d)subject to the provisions of paragraph (e), printing of material in a quantity per printing of no more than 10% of the number of households in the Member’s constituency, commonly known as ten percenters, provided that
(i)the Member’s name appears in a prominent way on all requested ten percenters, and
(ii)the Member does not share his or her ten percenter allocation with other Members;
(e)printing or copying of material provided by the Member, except
(i)solicitations of membership to a political party,
(ii)solicitations of contributions for a political party,
(iii)federal, provincial, municipal or local election campaign material, including speeches, enumerators’ lists, material related to poll activities and requests for re-election support,
(iv)advertising of an event or an activity for the benefit of any person, association or organisation, unless, in addition to meeting the requirements in paragraphs 7(2)‍(a) to (c), the advertisement of the event or activity forms a minor part of a communication made in the performance of the Member’s parliamentary functions and either
(A)is for the purpose of communicating the Member’s participation in the event or activity, or
(B)the event or activity would be of interest to his or her constituents,
(v)entire reproduction of publications available from the Postal, Distribution and Messenger Serv-ices of the House of Commons, a government department or a commercial source,
(vi)work that Information Services — Printing is not technologically equipped to undertake,
(vii)a request that would infringe a copyright, unless permission has been obtained from the owner of the copyright, and
(viii)in the case of a large volume request, the quantity of which may be determined by the Board, material that has been copied previously that year for the Member.
Distribution
(2)Subject to conditions set by the Board, the printed material referred to in paragraphs (1)‍(c) and (d) may only be distributed within the constituency of the Member who requested it.
Postal and Other Services
Goods and services
30Every Member shall be provided with the following goods and services, subject to conditions set by the Board:
(a)administration of the free mailing privileges provided by
(i)subsection 35(2) of the Canada Post Corporation Act, and
(ii)subsection 35(3) of the Canada Post Corporation Act to send four householder mailings per calendar year to every household in the constituency; and
(b)the postal, distribution, internal mail, messenger, delivery and transportation services operating on or near Parliament Hill.
Telecommunication and Computer Support Services
Telecommunication, etc.
31Every Member shall be provided with the following goods and services, subject to conditions set by the Board:
(a)computer support services for his or her Parliamentary office; and
(b)telecommunications equipment and services.
Access to Parliamentary Internet
Definition of Parliamentary Internet
32(1)In this section, Parliamentary Internet means the Internet services that are made available to Members and accessed through the Parliamentary Precinct Network.
Conditions of use
(2)In addition to the requirements in subsection 7(2), the following rules apply to the use of the Parliamentary Internet:
(a)the Parliamentary Internet is a service for use by Members and their employees for carrying out Members’ parliamentary functions only;
(b)user accounts and passwords are for use only by the Member and the Member’s employees; and
(c)Members and their employees shall comply with any policy or decision of the Board that relates to the use of the Parliamentary Internet or any other data communication device provided by the House of Commons.
Language Training
Language training
33Every Member shall be provided with language training in either official language, subject to conditions set by the Board.
DIVISION 2
Travel and Relocation
Interpretation
Definitions
34The definitions in this section apply in this Division.
eligible employee means an employee of a Member or House Officer who regularly works, and is paid for, a minimum of 15 hours a week. (employé admissible)
layover means a necessary stop — until the trip can be resumed — that occurs at a place other than the trip destination, in either of the following circumstances:
(a)the stop is necessary because of external factors outside of the control of the traveller, such as a strike or weather-related problems; or
(b)it is necessary in order to make a connecting flight or in order to continue the trip by another means of travel. (escale)
National Capital Region means the region described in the schedule to the National Capital Act. (région de la capitale nationale)
New York City trip means a trip between Ottawa or a Member’s constituency and New York City to attend a United Nations meeting. (voyage à New York)
parliamentary intern means a parliamentary intern from the Parliamentary Internship Programme who has been assigned to a Member. (stagiaire parlementaire)
primary residence means a residence, other than a seasonal or recreational dwelling or a recreational vehicle,
(a)that is ordinarily occupied by the Member and available for his or her use at all times; and
(b)the main purpose of which is not to generate income. (résidence principale)
regular trip means a trip between Ottawa and a Member’s constituency. (voyage courant)
secondary residence means a residence of the Member, other than a seasonal or recreational dwelling or a recreational vehicle, that is maintained by the Member in addition to his or her primary residence. (résidence se-condaire)
special trip means a trip within Canada other than a regular trip. (voyage spécial)
trip means a trip, by any means, to one destination for a particular purpose and that is direct or without any interruption other than a single stop that is not longer than the period determined by the Board and that is not a layover. (déplacement)
Washington trip means a trip between Ottawa or a Member’s constituency and Washington, D.‍C. (voyage à Washington)
Travel Status
Resources
35(1)Except as specifically provided in this By-law and subject to conditions set by the Board, a Member is provided with resources under this Division when he or she is on travel status.
Travel status
(2)A Member is considered to be on travel status when he or she is at least 100 kilometres from their primary residence and is
(a)on a regular trip;
(b)on a special trip;
(c)within the National Capital Region;
(d)on a Washington trip; or
(e)on a New York City trip.
Declaration
(3)A Member shall declare the residence that constitutes his or her primary residence, as well as any secondary residence, and provide that information in the form provided by the Chief Financial Officer.
Changes to declaration
(4)A declaration made under subsection (3) shall be made at the beginning of a new Parliament and shall be amended when material changes are made respecting the information in the declaration.
Economical Means of Transportation
Requirement
36Subject to conditions set by the Board, a Member shall ensure that the most economical and practical means of transportation is used for travel.
Eligible Travellers
General
37Subject to conditions set by the Board and as indicated in this Division, a Member may allow the following people to use the resources specified in this Division:
(a)the Member’s designated traveller;
(b)the Member’s dependants;
(c)the Member’s eligible employees; and
(d)parliamentary interns.
Designated Traveller
Designation
38(1)A Member may designate one individual as a designated traveller other than
(a)an employee of the Member; or
(b)a Member who is not the Member’s spouse.
Validity period
(2)A designation made under subsection (1) is in effect for a minimum 12-month period or for the duration of the Parliament, whichever is shorter, and may be changed by the Member only on or after the anniversary date of the previous designation, or at the beginning of a new Parliament or if the designated traveller dies.
Public registry of designated travellers
(3)The Clerk of the House of Commons shall maintain a public registry of designated travellers.
Dependants
Identify
39A Member shall identify his or her dependants in the form provided by the Chief Financial Officer.
40[Repealed]
Travel Points System
Fiscal year
41(1)Subject to conditions set by the Board, a Member shall be provided, in accordance with a travel points system, 64 travel points each fiscal year.
Year of general election
(2)Effective April 1 of the year of an anticipated general election, the number of travel points shall be allocated on a pro rata basis taking into account the number of days during the period beginning on April 1 and ending on the expiration of the day before the general election.
Impacts of election
(3)Following a general election or a by-election, the number of travel points shall be allocated on a pro rata basis taking into account the number of days during the period beginning on the day of the election and ending on the last day of the fiscal year in which the election was held.
Allocation of Points to Certain House Officers
Party Leader
42Subject to conditions set by the Board, the Leader of a recognized party, with the exception of the Prime Minister of Canada, shall be provided with an additional 16 points per fiscal year in addition to the points provided in section 41, for a total of 80 points for the year.
Point Usage
Trip
43Subject to conditions set by the Board, each trip, by any class or means of travel, counts as one half of one point.
Travel Status Expense Account and Member’s Office Budget
Member
44Subject to conditions set by the Board, a Member may charge expenses for transportation, accommodation and meals, as well as incidental expenses incurred by the Member to either the Travel Status Expense Account or to the Member’s Office Budget.
Designated traveller, etc.
45Subject to conditions set by the Board, a Member may charge expenses for transportation, accommodation and meals, as well as incidental expenses incurred by the Member’s designated traveller, eligible employees or dependants to the Members’ Office Budget.
Transportation Costs Reimbursed
Claim form and content
46(1)Subject to conditions set by the Board, each claim for travel reimbursement shall be in the form established by the Chief Financial Officer, together with any pertinent information, including the purpose of the travel.
Reimbursement limit
(2)Subject to conditions set by the Board, the amount reimbursable for travel by any means shall not exceed the lowest airfare at the class of travel that the traveller is authorized to use.
Per Diem Rates
Per diem rates
47(1)When a Member is on travel status as described in subsection 35(2), he or she may be reimbursed for meals and incidental expenses as provided for in this By-law at the per diem rate set by the Board in accordance with section 16 of the Governance and Administration By-law.
Departure and return days
(2)A per diem allowance may be claimed on both the day of departure and the day of return.
Meal at no cost
(3)The allowance shall be reduced if a meal was provided at no cost.
Accommodation Expenses
Travel status
48Where a Member is on travel status as described in subsection 35(2), he or she may be reimbursed for private accommodation or for commercial accommodation if supported by receipts.
Employee Travel
Parliamentary or constituency office
49(1)Where a Member’s employee is required to travel to a destination that is more than 100 kilometres from his or her normal place of work, the employee may be reimbursed for accommodation, supported by receipts, up to a maximum of two weeks for each trip, and for meals and incidentals.
Special trips
(2)Where a Member’s employee is required to accompany the Member on special trips, the employee may be reimbursed for commercial accommodation supported by receipts or private accommodation expenses, other than at a secondary residence referred to in section 53, and for meals and incidentals.
House Officer’s employee
(3)Where a House Officer’s employee is required to accompany a House Officer on special trips, the employee may be reimbursed for accommodation expenses, meals and incidentals under Part 4.
National caucus research office employee
(4)Where an employee in a national caucus research office is required to accompany a House Officer on special trips, the employee may be reimbursed for accommodation expenses, meals and incidentals under Part 4.
Automobile
Direct route
50(1)Subject to conditions set by the Board, the amount reimbursable for travel by personal vehicle shall correspond to the distance of the most direct and practical driving route.
Personal vehicle
(2)The amount reimbursable for travel by personal vehicle is at a rate per kilometre set by the Board in accord-ance with section 16 of the Governance and Administration By-law, plus any parking, ferry and toll charges.
Chartered Aircraft or Boat
Chartered aircraft or boat
51Subject to conditions set by the Board, the actual cost of travel by chartered aircraft or boat may be reimbursed, on a case-by-case basis, if a Member provides a manifest identifying all passengers aboard the chartered aircraft or boat.
Commuting Expenses
Prohibition
52Subject to section 54, no claim for reimbursement shall be made for any commuting expenses for travel to and from the normal place of work.
Secondary Residence
Reimbursement
53(1)Subject to conditions set by the Board, a Member shall be reimbursed in amounts to be established by the Board for the following accommodation when he or she is in his or her constituency or in the National Capital Region in order to perform their parliamentary functions:
(a)private accommodation, other than at a secondary residence referred to in this section;
(b)commercial accommodation, if supported by receipts; or
(c)a secondary residence that meets the requirements described in this section, including rented accommodation, if supported by receipts.
Requirements
(1.‍1)A Member who is claiming expenses relating to a secondary residence shall provide to the Chief Financial Officer the following documents with respect to his or her primary residence and secondary residence, unless oth-erwise stated,
(a)in the case of a property that is owned by the Member, a municipal tax invoice that shows details of the property assessment;
(b)in the case of a property that is rented by the Member, a copy of the residential lease;
(c)a declaration attesting that the primary residence of the Member
(i)is located in or near the Member’s constituency or in the National Capital Region, and
(ii)constitutes a primary residence as defined in section 34;
(d)a declaration attesting that the secondary residence of the Member
(i)is located in or near the Member’s constituency or in the National Capital Region, and at least 100 kilometres from his or her primary residence,
(ii)if it is owned by the Member, is not rented to another person or claimed as an expense by another Member, and
(iii)constitutes a secondary residence as defined in section 34; and
(e)any other document that the Chief Financial Officer may consider necessary to determine particulars relating to the status and use of either residence.
Separate locations
(1.‍2)If the Member’s primary residence is in or near the constituency, the Member’s secondary residence shall not be in or near the constituency and, other than in the case of a Member who represents a constituency within the National Capital Region, if the Member’s primary residence is in the National Capital Region, the Member’s secondary residence shall not be in the National Capital Region.
Clarification
(1.‍3)Subject to conditions set by the Board, a Member may be reimbursed for private or commercial accommodation only if it is at least 100 kilometers from his or her primary residence or secondary residence.
Secondary residence
(2)Subject to conditions set by the Board, the Member who owns or rents a secondary residence that meets the requirements described in this section may be reimbursed for accommodation expenses at the rate or in the amount set by the Board in accordance with section 16 of the Governance and Administration By-law for each day that residence is available for the Member’s occupancy, and providing that during such time it is not rented to another person or claimed as an expense by another Member.
Ownership
(3)For the purposes of this section, a Member is considered to own a secondary residence in any of the following circumstances:
(a)the Member wholly owns the secondary residence;
(b)the Member’s spouse wholly owns the secondary residence; or
(c)the Member owns the secondary residence jointly with his or her spouse or with any other person.
No reimbursement
(4)A Member shall not be reimbursed for any rented accommodation for which the Member or their immediate family will directly or indirectly benefit.
Maximum claims
54Members, other than the Prime Minister, the Speaker and the Leader of the Official Opposition, who represent constituencies within the National Capital Region or who have a primary residence within 100 kilometres of Parliament Hill may claim the following expenses, up to the total for the fiscal year set by the Board in accordance with section 16 of the Governance and Administration By-law, namely:
(a)breakfast and dinner meals at per diem rates when the Member works 11 hours or more per day when the House is sitting;
(b)accommodation, if supported by receipts, in exceptional or emergency situations when the House is sitting and if the Member’s primary residence is located more than 16 kilometres from Parliament Hill; and
(c)commuting between the Member’s primary residence and Parliament Hill if the primary residence is more than 50 kilometres from Parliament Hill.
Relocation
National Capital Region
55(1)Once per Parliament, Members may relocate their primary residence to the National Capital Region or establish a secondary residence in the National Capital Region.
Former Members
(2)A Member may relocate away from the National Capital Region to a new or former place of residence in Canada within one year of ceasing to be a Member.
Reimbursement
(3)Subject to conditions set by the Board, a Member may be reimbursed, if supported by receipts, the actual expenses incurred in relocating the Member, the Member’s spouse and dependants residing with the Member, and their personal and household effects.
DIVISION 3
Member’s Office Budget
Budget
Budget elements
56(1)Every Member shall be provided with a Member’s Office Budget comprised of the following in such amounts as are set by the Board in accordance with section 16 of the Governance and Administration By-law:
(a)a basic budget;
(b)a supplement, if the Member’s constituency is listed in Schedule 3 of the Canada Elections Act;
(c)as applicable, a supplement related to the number of constituents in the Member’s constituency; and
(d)as applicable, a geographic supplement related to the size of the Member’s constituency.
Carry forward
(2)With respect to any unspent portion of the budget described in subsection (1), an amount not exceeding the amount set by the Board in accordance with section 16 of the Governance and Administration By-law may be carried forward from one fiscal year to the next.
Year of general election
(3)Effective April 1 of the year of an anticipated general election, the Member’s Office Budget shall be allocated on a pro rata basis taking into account the number of days during the period beginning on April 1 and ending on the expiration of the day before the general election.
Impacts of election
(4)Following a general election or a by-election and until the end of the fiscal year in which the election was held, the Member’s Office Budget shall, for a new Member, be allocated on a pro rata basis taking into account the necessary adjustments resulting from electoral boundaries readjustments.
Re-elected Member
(5)Following a general election and until the end of the fiscal year in which that election is held, a re-elected Member may use the unspent portion of his or her Member’s Office Budget.
Winding-up
(6)Following a general election, the unspent portion of the Member’s Office Budget of a former Member, within the meaning of that term set out in section 106, may be used for the purpose of reimbursing the expenses related to the winding-up of his or her parliamentary functions and offices.
Allowable Use of Member’s Office Budget
Allowable expenditures
57(1)The Member’s Office Budget may be used to pay for goods and services that are not provided by the House of Commons, namely the following expenditures, subject to conditions set by the Board:
(a)expenses for the Member’s offices, including
(i)remuneration of employees,
(ii)contracts for professional services,
(iii)commercial design of householder mailings,
(iv)reasonable parking, taxi and public transit incurred within the National Capital Region, if supported by receipts,
(v)legal fees for the review of the constituency office lease by an advocate or a notary of the province of Quebec if the Member’s constituency is located in Quebec, and if the Member’s constituency is located in any other province or territory, by a barrister or solicitor of that province or territory,
(vi)constituency office rent, utilities, maintenance, repairs and snow removal,
(vii)property and liability insurance,
(viii)fit-up, furniture, furnishings, fittings
(ix)office supplies,
(x)office equipment,
(xi)transportation of goods acquired for the office,
(xii)constituency office relocation expenses,
(xiii)commercial messenger and courier services,
(xiv)telecommunications equipment and services in addition to those provided under section 31,
(xv)meeting room rentals;
(xvi)books and reference material in paper or electronic format;
(b)such travel expenses as are allowed in accordance with this By-law; and
(c)with respect to a former Member who was not re-elected,
(i)expenses related to the winding-up of his or her parliamentary functions and offices, and
(ii)in addition to the trips referred to in section 115, reasonable travel within the former Member’s constituency.
Advertising expenses
(2)A Member may use a portion of his or her Member’s Office Budget, up to the percentage set by the Board in accordance with section 16 of the Governance and Administration By-law, for expenses related to advertising, other than that which may be permitted under subsection 7(2), as long as the advertisement includes the Member’s name and provides a means of contacting the Member, is in accordance with any content and form requirements set by the Board and is for the purpose of communicating at least one of the following:
(a)the Member’s contact information;
(b)the assistance and services provided by the Member to his or her constituents;
(c)announcements of meetings to be attended by the Member in carrying out his or her parliamentary functions;
(d)congratulatory messages or greetings to the Member’s constituents; or
(e)other matters in support of the Member’s parliamentary functions.
Definition of advertising
(3)In this section, advertising means advertising that is directed at people residing within the constituency of the advertising Member.
Miscellaneous Expenditures Account
Allowable amount
58(1)Despite any other provisions of this By-law, a Member may use a portion of his or her Member’s Office Budget, up to a percentage set by the Board in accord-ance with section 16 of the Governance and Administration By-law, to fund a Miscellaneous Ex- penditures Account.
Other use
(2)Subject to conditions set by the Board, the Miscellaneous Expenditures Account may be used for hospitality expenses and the purchase of gifts given as a matter of protocol.
Petty Cash
Office expenses
59(1)A Member may use a portion of his or her Member’s Office Budget up to an amount set by the Board in accordance with section 16 of the Governance and Administration By-law as petty cash to pay for allowable office expenses, except remuneration of employees and contracts for professional services.
Requirement
(2)A Member may pay for an expense from the petty cash and, in that case, shall submit to the Chief Financial Officer a receipt in the form provided by the Chief Financial Officer.
More than $100
(3)If an expense exceeds $100, the Member may send the bill to the Chief Financial Officer for payment.
60[Repealed]
PART 3
Member’s Responsibilities
Responsibilities of Member as Employer
Office employees
61(1)A Member is the employer of the employees in the Member’s offices whose salaries are paid from the Member’s Office Budget.
Responsibilities of Member
(2)Subject to conditions set by the Board, a Member may
(a)hire employees for the Member’s Parliamentary office or constituency office;
(b)specify the employees’ titles, duties and hours of work;
(c)subject to the limits set by the Board in accordance with section 16 of the Governance and Administration By-law, fix employees’ remuneration and terms of service; and
(d)terminate the employment of employees.
Notice
(3)A Member who hires an employee under this By-law shall notify the Chief Human Resources Officer thereof promptly in writing and no later than 30 days after hiring the employee.
No payment
(4)A Member may not make any payment to an employee in respect of a period of more than 30 days before the notice given under subsection (3).
Member may not employ
62(1)A Member may not hire a member of his or her immediate family, his or her designated traveller or a political party executive as an employee under this By-law.
Other persons excluded
(2)A person employed by the House of Commons, another Member, the Senate, a Senator or the Library of Parliament or by a department, departmental corporation or Crown corporation listed in the schedules to the Financial Administration Act, or receiving employment income from the Consolidated Revenue Fund, may not be hired by a Member as a full-time employee.
Exception
(2.‍1)Despite subsection (2), a Member may hire, as a full-time employee, a person who is a member of the reserve force of the Canadian Forces who is, with the exception of active service as described in subsection 31(1) of the National Defence Act, on part-time military serv-ice.
Part-time employees
(3)Subsection (2) does not apply to part-time employees. Part-time employees are subject to any restrictions the Board may make on the number of hours a person may work in any one or more positions the person may hold at the House of Commons or any restrictions that may be made under this By-law.
Responsibilities of Member as Contracting Party
Contracts
63(1)Subject to conditions set by the Board, a Member may enter into and terminate contracts for goods and services and contracts for professional services.
Termination clause
(2)All contracts referred to in subsection (1) entered into by a Member shall provide that the contract terminates on the date on which the Member becomes a former Member in accordance with Part 6.
Form of contract
(3)A contract for professional services shall be in the form approved by the Board.
Notice
(4)A Member who enters into a contract referred to in subsection (1) shall notify the Chief Financial Officer thereof promptly in writing and no later than 30 days after entering into the contract.
No payment
(5)A Member may not make any payment under a contract referred to in subsection (1) in respect of a period of more than 30 days before the notice given under subsection (4).
Member’s responsibility
64(1)A Member is responsible for all contracts for goods and services, contracts for professional services and leases that are entered into by the Member.
Contracts
(2)A Member may charge to the Member’s Office Budget only contracts for the carrying out of his or her parliamentary functions.
Member may not contract
65(1)A Member may not retain a member of his or her immediate family, his or her designated traveller or a political party executive under a contract for professional services.
Other persons excluded
(2)A person employed by the House of Commons, another Member, the Senate, a Senator or the Library of Parliament or by a department, departmental corporation or Crown corporation listed in the schedules to the Financial Administration Act, or receiving employment income from the Consolidated Revenue Fund, may not be retained by a Member under a contract for professional services under this By-law.
Exception
(2.‍1)Despite subsection (2), a Member may retain, under a contract for professional services under this By-law, a person who is a member of the reserve force of the Canadian Forces who is, with the exception of active service as described in subsection 31(1) of the National Defence Act, on part-time military service.
Restriction — immediate family
66(1)No Member or any individual in the Member’s immediate family may have any share in or benefit arising from a contract for goods, services or premises entered into by or on behalf of the Member and charged to the House of Commons appropriation.
Restriction — employee
(2)No employee of a Member or House Officer may have any share in a contract referred to in subsection (1) or benefit from it directly or indirectly.
PART 4
Resources Provided to Recognized Parties and
House Officers
DIVISION 1
Resources Provided to Recognized Parties
National Caucus Research Offices
Research office
67(1)Each national caucus of a recognized party shall be provided with a research office the mandate of which is to support its Members and House Officers in carrying out their parliamentary functions.
Designate responsible Member
(2)Each Leader of a recognized party shall designate a Member as responsible for the national caucus research office of the party and shall notify the Chief Financial Officer of the designation.
Requirements
68(1)The Member who is responsible for a national caucus research office
(a)is the employer of the employees in the national caucus research office whose salaries are paid from the national caucus research office budget; and
(b)shall carry out his or her responsibilities in accord-ance with the requirements in Divisions 3 to 5 of this Part.
Part 1
(2)Except as specifically provided in this Part, the activities of a national caucus research office are subject to the general provisions in Part 1.
Research office budget
69(1)Each national caucus research office shall be provided with a budget, under the direction of the Member responsible, in an amount set by the Board in accordance with section 16 of the Governance and Administration By-law.
Allowable expenditures
(2)The budget may be expended for the payment of salaries for employees in the national caucus research office, for payments to persons retained under contracts for professional services to assist the national caucus research office, for contracts for goods and services and for other expenses specified by the Board.
Carry forward
(3)With respect to any unspent portion of the budget referred to in subsection (1), an amount not exceeding the amount set by the Board in accordance with section 16 of the Governance and Administration By-law may be carried forward from one fiscal year to the next.
Year of general election
(3.‍1)Effective April 1 of the year of an anticipated general election, the budget of each national caucus research office shall be allocated on a pro rata basis taking into account the number of days during the period beginning on April 1 and ending on the expiration of the day before the general election.
Impacts of general election
(4)Following a general election and until the end of the fiscal year in which the election was held, the budget of each national caucus research office, established by the Board-approved formula, shall be allocated on a pro rata basis taking into account party representation in the House of Commons.
Separate resources
70The Member shall ensure that the funds, goods, serv-ices and premises that he or she receives as the person responsible for the national caucus research office are used and accounted for separately from the resources he or she receives in the capacity of Member or House Officer.
Expenditures
71(1)The Member who is responsible for the national caucus research office may enter into and terminate contracts for goods and services and contracts for professional services.
Form of contract
(2)A contract for professional services shall be in the form approved by the Board.
Operation of office
72The Member who is responsible for the national caucus research office may designate an employee to authorize payments provided for in Division 1 of this Part and to manage the operation of the office, including the hiring and termination of employees and the entering into contracts for professional services in relation to the office, in which case the Member shall notify the Chief Financial Officer of the designation.
Goods and services
73Each national caucus research office shall be provided with the following goods and services, subject to conditions set by the Board:
(a)a Parliamentary office;
(b)office furniture, furnishings and office equipment; and
(c)such other goods and services as are necessary to carry out the functions of the national caucus research office.
74[Repealed]
75[Repealed]
76[Repealed]
Transfer between Budgets
Prohibition
77No amounts may be transferred between a budget referred to in this Division and a budget referred to in Division 2 of this Part.
DIVISION 2
Resources Provided to House Officers
Application of General Provisions
Part 1
78(1)Except as specifically provided in this Part, the general provisions of Part 1 apply, with the exception of section 13, to House Officers and to the Member who is responsible for a national caucus research office.
Disclosure of expenses
(2)The Speaker of the House of Commons shall publish, on the Parliament of Canada website, at such time as may be determined by the Board and subject to conditions set by the Board, a report setting out the expenditures made from each House Officer Budget and the budget of each national caucus research office, as well as all other expenditures relating to goods and services provided by the House of Commons to the House Officer or the national caucus research office.
Separate from Member’s resources
79A House Officer shall ensure that the funds, goods, services and premises that he or she receives in the capacity of House Officer are used and accounted for separately from the resources he or she receives in the capacity of Member.
Goods and Services
Goods and services
80Every House Officer shall be provided with the following goods and services, subject to conditions set by the Board:
(a)a Parliamentary office;
(b)office furniture, furnishings and office equipment;
(c)such other goods and services as are necessary to carry out the functions of the House Officer.
House Officer Budget
House Officer Budget
81(1)Each House Officer shall be provided with a budget in an amount set by the Board in accordance with section 16 of the Governance and Administration By-law for the House Officer’s office.
Allowable expenditures
(2)The budget may be expended for goods and services that are not provided by the House of Commons, namely, the following expenditures, subject to conditions set by the Board:
(a)for assisting the House Officer in relation to
(i)the payment of salaries for his or her employees,