An Act respecting the internal Economy of the House of Commons, and for other purposes
[Assented to 22nd May, 1868.]
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :
Speaker and four other Commissioners to carry this Act into effect
1. The Speaker of the House of Commons for the time being, and any four Members of Her Majesty's Privy Council for Canada, for the time being,
How appointed, &c
who may be appointed by the Governor in Council as Commissioners under this Act, (they and each of them being also Members of the House of Commons,) and the names and offices of whom and their appointment as Commissioners shall be communicated by message from the Governor to the House of Commons in the first week of each Session of Parliament, shall be, and they are hereby nominated, constituted and appointed Commissioners for the purposes of this Act,
and any three of the said Commissioners whereof the Speaker of the House of Commons for the time being shall be one, shall he and they are hereby authorized to carry this Act into execution.
Estimate to be made by the Clerk
2. An estimate shall annually be prepared by the Clerk of the House of Commons of the sums which will probably be required to be provided by Parliament for the payment of the indemnity and mileage of members, and of salaries, allowances, and contingent expenses of the House, and of the several Officers and Clerks thereof under his direction, and of the Stationery of the House, during the year commencing on the first day of July in each year ;
And by the Sergeant at Arms
and an Estimate shall annually be prepared by the Sergeant at Arms of the house of Commons of the sums which will probably be required to be provided by Parliament for the payment of salaries or allowances of the Messengers, Door keepers and Servants of the House under his direction, direction, and of the contingent expenses under his direction, during the year as above mentioned ;
To be submitted to the Speaker
and such estimates shall be submitted to the Speaker for his approval and shall be subject to such approval and to such alterations as the Speaker shall consider proper ;
Speaker to pre pare an Estimate
and the Speaker shall thereupon prepare an estimate of the sums requisite for the several purposes aforesaid, and shall sign the same,
Estimates to be submitted to Minister of Finance, &c
and such several estimates of the Clerk, Sergeant-at-Arms and Speaker, shall be transmitted by the Speaker to the Minister of Finance for his approval, and shall be laid severally before the House of Commons with the other estimates for the year.
Estimate for the joint printing of the Senate and House of Commons
3. An estimate shall also annually be prepared by an officer acting for that purpose under the sanction of the Senate and House of Commons, of the sums which will probably be required to be provided by Parliament for the Printing services during the year commencing on the first of July in each year, which shall be transmitted to the Minister of Finance for his approval and shall be laid before Parliament with the other estimates for the year.
Sums voted or payable under Members' Indemnity Act, to be subject to order of Commissioners
4. All sums of money voted by Parliament upon such estimates or payable to Members of the House of Commons, under The Members' Indemnity Act, shall be paid over to and held by the Minister of Finance subject to the order of the said Commissioners or any three of them, of whom the Speaker shall be one, and shall be paid or transferred to them or their order at any time, and from time to time, in such sums as they may deem requisite.
Accountant to be appointed. To give security : his Account
5. All the sums mentioned in the next preceding section, shall be paid according to the directions of the Commissioners from time to time, and the Speaker shall appoint an officer for that purpose, who shall be called the Accountant of the House of Commons, and shall take from him such security for the faithful discharge of his duties as the Commissioners shall think fit, and an account shall be opened in one of the banks of this Dominion, in the name of the said Accountant ;
Advance of money to Accountant, &c
And the Commissioners hereinbefore mentioned, shall, from time to time, pay or transfer such sums as they shall deem necessary for that purpose, to the credit of the said Accountant, by an order signed by the Speaker and two other of the said Commissioners ;
In case of death or removal of Accountant
and in case of the death or removal from office of any such Accountant, the monies standing to his credit in the account aforesaid, shall be forthwith paid by the said bank to the said Commissioners.
As to monies voted for Printing of Parliament
6. The sums voted by Parliament for the Printing of Parliament shall be paid over to and held by the Minister of Finance, for Priming Services ; and for these services an account shall be opened in one of the Banks of Canada, and in such name as the Senate and House of Commons may direct ; and such sums as shall be deemed necessary shall be paid or transferred to the name of the person so selected as the work progresses, to be accounted for in the Printing account annual balance sheet.
Surplus monies to be repaid to the Receiver General
7. In case the sums voted by Parliament shall in any year be more than sufficient to pay and discharge all charges thereon, the Commissioners shall, within six weeks after the end of the Session, after retaining in their hands a sum sufficient to answer all demands in respect of the same, which may be likely to arise before the beginning of the then next Session, pay the surplus to the Receiver General, to the credit of the Consolidated Revenue Fund of Canada.
In case of dissolution, Speaker to act until another is chosen
8. For the purposes of this Act, the person who shall fill the office of Speaker at the time of any dissolution of Parliament, shall be deemed to be the Speaker until a Speaker shall be chosen by the new Parliament ;
Case of death of Speaker, &c. provided for
and in the event of the death, or disability, or absence from Canada of the Speaker, during any dissolution or prorogation of Parliament, any three of the Commissioners may execute any of the purposes of this Act.
Speaker may suspend or remove, as the case may be, any Clerk, Officer or Messenger, guilty of misconduct
9. If any complaint or representation shall at any time be made to the Speaker for the time being, of the misconduct or unfitness of any Clerk, Officer, Messenger or other person attendant on the House of Commons, now or hereafter to be appointed, it shall be lawful for the said Speaker to cause an enquiry to be made into the conduct or fitness of such person ; and if thereupon it shall appear to the Speaker that such person has been guilty of misconduct, or is unfit to hold his situation, the Speaker may, if such Clerk, Officer, Messenger or other person has been appointed by the Crown, suspend him and report such suspension to the Governor, and if be has not been appointed by the Crown then the Speaker may suspend or remove such person, as the case may be, and such person shall be so suspended or removed, as the case may be, accordingly.
Clerk and other Officers, to take Oath of Allegiance
10. Immediately after the passing of this Act, the Clerk os the House of Commons shall lake and subscribe before the Speaker, the oath of allegiance, and all other Officers, Clerks and Messengers of the House of Commons shall take and subscribe before the Clerk of the House of Commons, the oath of Allegiance ; and every Officer, Clerk or Messenger who shall hereafter be appointed, shall, before entering upon the duties of his office, take and subscribe the same oath and the Clerk of the House of Commons shall keep a register of all such oaths.
Provisions respecting the fiscal years 1867-8 and 1868-9
11. For the purposes of this Act, all sums payable to Members of the House of Commons under the Members' Indemnity Act, and all sums voted and appropriated in the present Session of Parliament, for payment of salaries, allowances, contingent expenses, and stationery of the House of Commons for the fiscal year ending on the thirtieth day of June, one thousand eight hundred and sixty-eight, and for the fiscal year ended on the thirtieth day of June, one thousand eight hundred and sixty-nine, shall be deemed and taken as having been estimated under the second section of this Act, and shall be subject to the several provisions of this Act in respect of the mode of payment thereof respectively, and of the disposal of any surplus thereof.
Members' indemnity Act amended, so as to agree with this Act
12. All sums of money which under the eighth section of The Members' Indemnity Act, might heretofore have been advanced to the Clerk of the House of Commons, shall after the passing of this Act, be paid over to the Minister of Finance for the purposes of this Act and shall be subject to the provisions thereof : so much of the seventh or of the ninth section of the said Act, as relates to the Clerk of the House of Commons shall he repealed after the passing of this Act, and the Accountant shall thereafter perform the duties assigned to the Clerk by the said seventh section.
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