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Members By-Law

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BOARD OF
INTERNAL ECONOMY

Members By-Law

Current as of May 18, 2023


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 — fundraising

9

Other restrictions

10

Use of goods or premises

General Principles Respecting Expenditures
11

Allocation of expenses

Prohibition — previous fiscal year

Current fiscal year

Submission date

12

Maximum expenditures

Disbursement excess

Disclosure
13

Disclosure of Members’ expenditures

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

Exception

Public registry of designated travellers

Dependants
39

Identification

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[Repealed]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

Exception

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

52

[Repealed]

Secondary Residence
53

Reimbursement

Requirements

Separate locations

Clarification

Secondary residence

Ownership

No reimbursement

54

Maximum claims

Relocation
55

National Capital Region

Outside National Capital Region

Exceptional circumstances

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

DIVISION 4
Other Budgets
60

Allowable expenses

60.‍1

Professional Development Budget

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

Professional Development Budget

75

[Repealed]

76

[Repealed]

Transfer between Budgets
77

Prohibition

DIVISION 2
Resources Provided to House Officers
Application of General Provisions
78

Part 1

79

Separate from Member’s resources

Goods and Services
80

Goods and services

House Officer Budget
81

House Officer Budget

Party representation

Allowable expenditures

Carry forward

Year of general election

Unspent portion of budget

Impacts of general election

Impacts of general election

Transfer between Budgets

Professional Development Budget
81.‍1

Training expenses

DIVISION 3
Allowable Expenses
82

Vehicle use

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

Prohibition

Contractors

Grounds for dismissal

Reporting of contravention

Clerk to inform the Board

PART 5
Dissolution of Parliament
Interpretation
94

Definitions

General
95

Election activities

Constituency office

Service to constituents

Services
96

Availability of certain services

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

99

[Repealed]

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

[Repealed]

103.‍21

60 days

Notice deemed received

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 and Former House Officers
Interpretation
106

Definitions

Former Member
107

Effective date

Deemed effective date

Former House Officer
107.‍1

Effective date

Services to Constituents
108

Vacancy

If not seeking re-election

If not re-elected

If not re-elected — holidays

If not re-elected — payment of employees

Death of Member

108.‍1

Former House Officer

Employees
109

60 days

Notice deemed received

Vacancy

Engage replacements

110

Determination

Office budget

111

[Repealed]

112

Funds and assets

Transition
113

Definitions

113.‍1

Transition services

Extension

Travel

Reimbursement of expenses — extension

Maximum amount

Employee and family assistance program

114

Reimbursement — return trips

Reimbursement — extension

Trips
115

Trips between Ottawa and constituency

Member who resigns

116

Deceased Member

Reimbursement



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)a Member’s spouse;

  • (b)a child, grandchild, parent, grandparent, brother or sister of a Member or of a Member’s spouse;

  • (c)a nephew or niece of a Member or of a Member’s spouse; or

  • (d)the spouse of a person referred to in paragraph (b). (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 has been identified as an officer, auditor or chief agent

  • (a)of a political party under section 385 of the Canada Elections Act; or

  • (b)of a registered political party under section 405 of that Act. (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 registered in the registry of parties referred to in section 394 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 Budget, subject to the percentage set for the purposes of 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

  • (a)the advertisement is directed at people residing within the constituency of the Member;

  • (b)the advertisement includes the Member’s name;

  • (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 — fundraising

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)Subject to subsection (3), 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 the 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 and current fiscal years and are submitted by the date set by the Chief Financial Officer under subsection (4).

Submission date

(4)In each fiscal year, the Chief Financial Officer must set the date during that year by which expenditures from the previous year must be submitted.

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’ expenditures

13In addition to any information that is required to be disclosed under an Act of Parliament, the Speaker of the House of Commons shall publish, on the Parliament of Canada website, a report of the Members’ expenditures specified by the Board, at the time determined by the Board and in accordance with any conditions set by the Board.

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)Subject to the conditions set by the Board, a lease for a constituency office may be negotiated and signed by a Member as lessee, but if the lease is terminated by reason that the Member resigned, died, did not seek re-election or was not re-elected, no payment under this By-law in respect of the lease may be made for more than a 120-day 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 calendar year of no more than eight times the number of households in the Member’s constituency, provided that

    • (i)the Member’s name appears in a prominent way on all requested constituency mail, and

    • (ii)the Member does not share his or her constituency mail 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 material referred to in paragraphs (1)‍(c) and (d) may only be distributed to the constituents of the Member who requested the printing.

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

  • (a)between Ottawa and a Member’s constituency;

  • (b)within the Member’s constituency; or

  • (c)between the Member’s constituency and the capital of the province or territory in which that constituency is located or between Ottawa and the capital of the province or territory in which that constituency is located. (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) or (2.‍1) 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.

Exception

(2.‍1)Despite subsection (2), a Member may designate a designated traveller before the expiry of the period set out in that subsection if the Chief Financial Officer determines that the change is appropriate in the circumstances and is in accordance with conditions set by the Board.

Public registry of designated travellers

(3)The Clerk of the House of Commons shall maintain a public registry of designated travellers.

Dependants

Identification

39A Member shall identify his or her dependants in the form provided by the Chief Financial Officer and shall provide the Chief Financial Officer with any other information in respect of each dependant that is necessary for the purpose of ensuring compliance with this By-law.

40[Repealed]

Travel Points System

Fiscal year

41(1)Subject to conditions set by the Board, in each fiscal year a Member shall be allocated travel points for use in accordance with a travel points system set by the Board in accordance with section 16 of the Governance and Administration By-law.

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 additional points each fiscal year in addition to the points provided in section 41.

Point Usage

Trip

43Subject to conditions set by the Board and except as otherwise specified 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

44(1)Subject to subsection (2) and 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.

Travel Points System

(2)When a Member provides written justification, in re-spect of the day immediately before the day of departure and the day immediately after the day of return of a particular regular trip, that in the interests of their safety and well-being it is reasonable to charge expenses for accommodation, meals and incidental expenses, such expenses may be charged to the Travel Points System.

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 amount of the lowest airfare at the class of travel that the traveller is authorized to use.

Exception

(3)Subject to conditions set by the Board and despite subsection (2), an amount for travel by any means in a class other than that which the traveller was authorized to use may be reimbursed if that amount does not exceed the amount of the lowest airfare that was available to the traveller at the time of booking.

Per Diem Rates

Per diem rates

47(1)Subject to conditions set by the Board, a Member 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 in the following circumstances:

  • (a)when he or she is on travel status as described in subsection 35(2); and

  • (b)in regard to meals, when he or she is not on travel status but is travelling within their constituency at a distance of more than 16 kilometers from their pri­mary residence or their secondary residence, whichever is in or near the constituency.

Departure and return days

(2)A per diem allowance may be claimed by a Member in the following circumstances:

  • (a)when he or she is on travel status as described in subsection 35(2), on both the day of departure and the day of return; and

  • (b)when he or she is not on travel status but has provided written justification of the circumstances described in subsection 44(2).

Meal at no cost

(3)The allowance shall be reduced if a meal was provided at no cost.

Accommodation Expenses

Travel status

48Subject to conditions set by the Board, a Member may be reimbursed for private accommodation or for commercial accommodation in the following circumstances:

  • (a)when he or she is on travel status as described in subsection 35(2); and

  • (b)when he or she is not on travel status but has provided written justification of the circumstances described in subsection 44(2).

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.

52[Repealed]

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 paragraph 48(b) and any conditions set by the Board, a Member may be reimbursed for private or commercial accomodation 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)A Member may relocate their primary residence to the National Capital Region or establish a secondary residence in the National Capital Region once before they become a former Member within the meaning of section 106.

Outside National Capital Region

(1.‍01)If a Member relocates to the National Capital Region under subsection (1), they may relocate their primary residence to another place in Canada or establish a secondary residence in another place in Canada once before they become a former Member within the meaning of section 106.

Exceptional circumstances

(1.‍1)Despite subsection (1), a Member may relocate more than once if they establish in writing to the satisfaction of the Chief Financial Officer that exceptional circumstances that are beyond the control of the Member justify the relocation.

Former Members

(2)A former Member, within the meaning of section 106, may relocate to a new or former place of residence in Canada within one year after the day on which they become a former Member, unless they relocated under subsection (1.‍01).

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)any travel expenses that are allowed in accordance with this By-law, including

    • (i)expenses for in-flight Internet access;

    • (ii)expenses related to pre-approved traveller pro-grams that are approved by the Chief Financial Officer for the purposes of this subparagraph; and

    • (iii)expenses incurred by the Member in relation to alternative commercial accommodation and transportation services authorized under the law of the jurisdiction in which the services were provided, subject to conditions set by the Board; 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, as long as the advertisement clearly indicates that it is issued in the Member’s capacity as Member, includes the Member’s name, 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.

Event or activity hosted by third party

(2.‍1)In the case of an event or activity hosted by a third party, expenses related to advertising during the event or activity must not exceed the limit set by the Board in accordance with section 16 of the Governance and Administration By-law.

Definition of advertising

(3)In this section, advertising means advertising that is directed at people residing within the constituency of the advertising Member, except in reference to small token items given by a 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 accordance 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, entry fees charged to participate in an event or activity 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.

DIVISION 4
Other Budgets

Allowable expenses

60Every Member shall be provided with a Constituency Office Budget — in the amount set by the Board in ac­cordance with section 16 of the Governance and Administration By-Law — for the payment of expenses referred to in subparagraphs 57(1)‍(a)‍(v), (vi) and (vii).

Professional Development Budget

60.‍1Every Member shall be provided with a Professional Development Budget — in the amount set by the Board in accordance with section 16 of the Governance and Administration By-law — for the payment of training expenses for their employees to develop skills and competencies related to the carrying out of the Member’s parliamentary functions.

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)Subject to conditions set by the Board, 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.

Professional Development Budget

74Each national caucus research office shall be provided with a Professional Development Budget — in the amount set by the Board in accordance with section 16 of the Governance and Administration By-law — for the payment of training expenses for employees in the research office to develop skills and competencies related to the carrying out of the Members’ and the House Officers’ parliamentary functions.

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

78Except as specifically provided in this Part, the general provisions of Part 1 apply to House Officers and to the Member who is responsible for a 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.

Party representation

(1.‍1)The amount of the office budget for the following House Officers shall be allocated according to the Board-approved formula taking into account party representation in the House of the Commons at the last general election:

  • (a)the Leader of a recognized party;

  • (b)the House Leader of a recognized party, with the exception of the Government House Leader;

  • (c)the Whip of a recognized party; and

  • (d)the Chair of the national caucus of a recognized party.

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,

    • (ii)payments under contracts entered into under subsection 90(1), and

    • (iii)any other expenses specified by the Board; and

  • (b)for assisting the national caucus of a recognized party in relation to

    • (i)translation services,

    • (ii)the purchase of computer equipment, including computers, printers, peripheral hardware and software, and the purchase of consulting services relating to computing, providing such acquisitions are made according to established House of Commons purchasing procedures and with prior approval of the House Administration,

    • (iii)communications services,

    • (iv)expenses related to national caucus meetings, and

    • (v)any 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 budgets of each House Officer 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.

Unspent portion of budget

(3.‍2)Following a general election, the following House Officers may, for as long as they occupy the position, continue to use the office budget that was allocated to them for the fiscal year in which the election was held:

  • (a)the Speaker of the House of Commons; and

  • (b)the Deputy Speaker of the House of Commons and Chair of Committees of the Whole House.

Impacts of general election

(4)Following a general election, the amount of the office budget for the following House Officers 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:

  • (a)the Leader of a recognized party;

  • (b)the Government House Leader;

  • (c)the House Leader of a recognized party;

  • (d)the Whip of a recognized party; and

  • (e)the Chair of the national caucus of a recognized party.

Impacts of general election

(4.‍1)Following a general election, the amount of the office budget for the following House Officers shall be allocated on a pro rata basis taking into account the number of days during the period beginning on the day on which the House Officer begins occupying the position and ending on the last day of the fiscal year in which the election was held:

  • (a)the Speaker of the House of Commons;

  • (b)the Deputy Speaker of the House of Commons and Chair of Committees of the Whole House;

  • (c)the Deputy Chair of Committees of the Whole House; and

  • (d)the Assistant Deputy Chair of Committees of the Whole House.

Transfer between Budgets

(5)Subject to conditions set by the Board, House Officers of a recognized party may transfer amounts between their respective House Officers’ Budgets by notifying the Chief Financial Officer thereof in writing.

Professional Development Budget

Training expenses

81.‍1Each House Officer shall be provided with a Professional Development Budget — in the amount set by the Board in accordance with section 16 of the Governance and Administration By-law — for the payment of training expenses for their employees to develop skills and competencies related to the carrying out of the House Officer’s parliamentary functions.

DIVISION 3
Allowable Expenses

Vehicle use

82The Speaker of the House of Commons and the Leader of a recognized party may use a vehicle provided to them by the House of Commons subject to conditions set by the Board.

Hospitality Expenses

Speaker, etc.

83The Speaker of the House of Commons and a Leader, House Leader, Whip or national caucus Chair of a recognized party may charge hospitality expenses to their respective House Officer Budgets up to the amount set by the Board in accordance with section 16 of the Governance and Administration By-law.

Deputy Speaker, etc.

84(1)The Deputy Speaker, Deputy Chair of Committees of the Whole House and Assistant Deputy Chair of Committees of the Whole House shall be provided with a hospitality budget in an amount set by the Board in accordance with section 16 of the Governance and Administration By-law.

Carry forward

(2)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.

Employee Travel Expenses

Charged to Member’s Office Budget

85When an employee of a Member or House Officer, or an employee in a national caucus research office accompanies a House Officer on a trip in accordance with Division 2 of Part 2, the employee’s accommodation, meals and incidentals may be charged to the Member’s Office Budget of the House Officer.

DIVISION 4
Responsibilities of House Officer as Employer

Powers of House Officers

Responsibilities

86Subject to conditions set by the Board, a House Officer may

  • (a)hire employees;

  • (b)specify the employees’ titles, duties and hours of work;

  • (c)subject to 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.

Office employees

87A House Officer is the employer of the employees in the House Officer’s office whose salaries are paid from the House Officer’s Budget.

Notice

88(1)A House Officer 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

(2)A House Officer may not make any payment to an employee in respect of a period of more than 30 days before the notice given under subsection (1).

House Officer may not employ

89(1)A House Officer 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 House Officer as a full-time employee.

Exception

(2.‍1)Despite subsection (2), a House Officer 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.

DIVISION 5
Responsibilities of House Officer as Contracting Party

Expenditures

Contracts

90(1)Subject to conditions set by the Board, a House Officer may enter into and terminate contracts for goods and services and contracts for professional services.

Termination clause

(2)All contracts for goods and services and all contracts for professional services entered into by the following House Officers under subsection (1) shall provide that the contract terminates on the date on which Parliament is dissolved:

  • (a)the Deputy Chair of Committees of the Whole House;

  • (b)the Assistant Deputy Chair of Committees of the Whole House; and

  • (c)the Chair of the national caucus of a recognized party.

Form of contract

(3)A contract for professional services shall be in the form approved by the Board.

Notice

(4)A House Officer 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 House Officer 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).

House Officer’s responsibility

91A House Officer is responsible for contracts for goods and services and contracts for professional services entered into by the House Officer.

House Officer may not contract

92(1)A House Officer 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 House Officer under a contract for professional services under this By-law.

Exception

(2.‍1)Despite subsection (2), a House Officer may retain, under a contract for professional services, 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

93(1)No House Officer or any individual in the House Officer’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 House Officer 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.

Place of Work

Prohibition

93.‍1(1)No employee of a Member or House Officer may have as their regular place of work any space in premises owned, leased or under the effective control of a political party.

Contractors

(2)Subsection (1) applies to contractors.

Grounds for dismissal

(3)Contravention of subsection (1) constitutes grounds for dismissal with due notice.

Reporting of contravention

(4)Within 48 hours of learning of a contravention of subsection (1), the relevant Member or House Officer shall report the same to the Clerk in writing, together with a statement indicating whether the employee or contractor has been terminated, or reasons why termination has not been effected.

Clerk to inform the Board

(5)The Clerk shall inform the Board within 5 days of receiving a report mentioned in subsection (4).

Part 5
Dissolution of Parliament

Interpretation

Definitions

94The definitions in this section apply in this Part.

dissolution period means the period that starts on the expiration of the day immediately before dissolution of Parliament and ends on the expiration of the day on which the general election is held, Eastern standard time. (période de dissolution)

Member means a person who was a Member of the House of Commons immediately before a dissolution. (député)

General

Election activities

95(1)For greater certainty, election activities are not considered to be parliamentary functions. No Member or House Officer may use, for election activities, the funds, goods, services or premises that are provided to them by the House of Commons.

Constituency office

(2)A Member’s constituency office may not be used as the Member’s campaign headquarters.

Service to constituents

(3)During a dissolution period, a Member may use the resources that are provided by the House of Commons for service to individual constituents only.

Services

Availability of certain services

96(1)The services provided for under this By-law or under an Act of Parliament for translation, mailing and franking are available to Members for 10 days following a dissolution of Parliament.

Translation services

(2)Despite subsection (1), the Member may continue to use the translation services for the purpose of responding to correspondence from his or her constituents.

Members and House Officers

(3)Despite subsection (1), first class mail and courier services provided to Members and to House Officers, except those referred to in paragraphs 102(1)‍(a) and (b), may be paid from their respective budgets in an amount set by the Board in accordance with section 16 of the Governance and Administration By-law during a dissolution period.

Information technology

(4)Despite subsection (1) and subject to conditions set by the Board, photocopy services other than for correspondence from their Parliamentary office to the constituency office and training on the use of information technology shall cease upon the dissolution of Parliament.

National caucus research office

97(1)During a dissolution period, the Member who is responsible for the national caucus research office may only use the national caucus research office resources for administrative purposes related to

  • (a)any contracts for goods and services or contracts for professional services; and

  • (b)closing files and terminating other matters related to the previous Parliament, including internal office administration and the organization of paper and electronic files.

Service to constituents

(2)For greater certainty, during a dissolution period, any work performed in serving a Member’s individual constituents under subsection 95(3) must be carried out by the employees of the individual Member whose constituents are affected and not by the national caucus research office.

Notice to employees

(3)Subject to conditions set by the Board, the Member who is responsible for the national caucus research office shall, on the date on which Parliament is dissolved, provide all employees in the research office with 60 days’ notice of termination of employment.

Salaries of employees

(4)Subject to conditions set by the Board, in respect of the 60-day notice period provided for under subsection (3), the salaries of the employees in the research office are to be paid

  • (a)during the dissolution period, out of the budget of the national caucus research office; and

  • (b)after election day, by the House of Commons.

Employees

Use of Member’s Office Budget

98Subject to conditions set by the Board, during a dissolution period, a Member may continue to use the Member’s Office Budget to pay employees and to hire new employees at the same or lower rate to replace any who leave.

99[Repealed]

Use of Member’s Office Budget

100During a dissolution period, a Member may continue to use the Member’s Office Budget for the payment of contracts for goods and services and contracts for professional services.

Travel

Member

101(1)Subject to conditions set by the Board, a Member shall be reimbursed for one return trip between the Member’s constituency and Ottawa and for accommodation, meals and incidental expenses for every week or portion thereof in a dissolution period.

Designated travellers and others

(2)A Member may allocate to a designated traveller or his or her dependants any or all of the trips described in subsection (1) and up to three of those trips to the Member’s employees.

No claims for travel within constituency

(3)No claim may be made for travel in the constituency during a dissolution period.

House Officers

Prohibition

102(1)Despite Part 4, the budgets of the following House Officers may not be used for any purpose during a dissolution period, namely,

  • (a)the Deputy Chair and Assistant Deputy Chair of Committees of the Whole House; and

  • (b)the national caucus Chair of a recognized party.

Chair of the national caucus

(2)Despite Part 4, the office budget of the national caucus Chair of a recognized party shall be made available to the Whip of that party after the election and until the appointment of a new national caucus Chair.

Use of Offices

102.‍1During a dissolution period, a Leader, House Leader or Whip of a recognized party may only use his or her House Officer resources for administrative purposes related to

  • (a)any contracts for goods and services or contracts for professional services; and

  • (b)closing files and terminating other matters related to the previous Parliament, including internal office administration and the organization of paper and electronic files.

Use of House Officer Budget

103During a dissolution period, a House Officer may continue to use their House Officer Budget for the payment of contracts for goods and services and contracts for professional services.

Use of House Officer Budget

103.‍1During a dissolution period, the Speaker of the House of Commons, the Deputy Speaker of the House of Commons and Chair of Committees of the Whole House, and the Leader, House Leader or Whip of a recognized party may continue to use their House Officer Budget to pay employees.

103.‍2[Repealed]

60 days

103.‍21(1)If the employment of an employee of a House Officer who is re-elected and whose House Officer Budget is reduced due to the results of the general election is terminated, the employee is paid by the House of Commons for 60 days after the day of the general election.

Notice deemed received

(2)Employees of a House Officer referred to in subsection (1) are deemed to have received 60 days’ notice of termination the day after the day of the general election.