A-23.1 - Act respecting the National Assembly

Updated to 9 June 2006

This document has official status.

chapter A-23.1

Act respecting the National Assembly

WHEREAS the people of Québec have a deep attachment to democratic principles of government;

Whereas the National Assembly is, through the elected representatives who compose it, the supreme and legitimate organ by which those principles are expressed and applied;

Whereas it behooves this Assembly, as the guardian of the historical and inalienable rights and powers of the people of Québec, to defend it against any attempt to despoil it of its rights and powers or to derogate from them;

Whereas it is befitting, therefore, that the perdurance, the sovereignty and the independence of the National Assembly be affirmed, and that its proceedings be protected against all interference,

HER MAJESTY, with the advice and consent of the National Assembly of Québec, enacts as follows:

CHAPTER I ORGANIZATION AND OPERATION

DIVISION I COMPOSITION, TERM AND POWERS

1. The National Assembly is composed of the Members elected for each of the electoral divisions established in accordance with the Election Act (chapter E-3.3) and whose names have been transmitted to the Secretary General by the chief electoral officer in accordance with section 380 of the said Act.

1982, c. 62, s. 1; 1984, c. 51, s. 526; 1989, c. 1, s. 582.

2. The National Assembly and the Lieutenant-Governor form the Parliament of Québec. The Parliament of Québec assumes all the powers conferred on the Legislature of Québec.

No provision of this Act restricts the scope or exercise of those powers.

1982, c. 62, s. 2.

3. The Parliament has the exercise of the legislative power.

1982, c. 62, s. 3.

4. The Assembly has the power of supervision over all the acts of the Government and of its departments and agencies.

1982, c. 62, s. 4.

5. The Assembly is convoked, prorogued and dissolved by the Lieutenant-Governor.

1982, c. 62, s. 5.

6. A Legislature has a term of not more than five years, beginning from the receipt by the Secretary General after the general election of the list of the candidates declared elected transmitted by the chief electoral officer pursuant to section 380 of the Election Act (chapter E-3.3).

Only the Lieutenant-Governor may dissolve the Assembly before the expiry of five years.

1982, c. 62, s. 6; 1984, c. 51, s. 527.

7. The Assembly sits in the territory of Ville de Québec; it may also sit at any other place in Québec.

1982, c. 62, s. 7; 1996, c. 2, s. 75.

8. The quorum of the Assembly or of a committee of the whole House is one-sixth of the Members, including the President.

However, when a committee of the Assembly is sitting, the quorum of the Assembly or of the committee of the whole House is one-tenth of the Members, including the President.

1982, c. 62, s. 8.

9. The rules of procedure of the Assembly are established by the Assembly, and it alone has authority to see that they are observed.

1982, c. 62, s. 9.

DIVISION II THE COMMITTEES

10. The National Assembly may appoint committees, composed of Members of the Assembly, to examine any matter within the jurisdiction assigned to them by the Assembly, and to carry out any mandate given to them by the Assembly.

1982, c. 62, s. 10.

11. The Assembly must appoint a committee on the Assembly to examine any matter referred to it by the Assembly.

The committee shall also carry out any other function vested in it by this Act.

1982, c. 62, s. 11.

12. A committee may form subcommittees composed of Members of the Assembly.

1982, c. 62, s. 12.

13. A committee or a subcommittee may sit even when the Assembly is not in session.

1982, c. 62, s. 13.

14. A committee or a subcommittee may sit anywhere in Québec, in accordance with the Standing Orders of the Assembly.

1982, c. 62, s. 14.

DIVISION III THE MEMBERS

15. No Member may sit in the Assembly before making the oath provided in Schedule I.

1982, c. 62, s. 15; 1999, c. 40, s. 25.

16. A Member may resign his seat verbally at a sitting of the Assembly.

He may also resign in a writing countersigned by two other Members and sent to the President or the Secretary General of the Assembly.

If a Member resigns in writing, the President must so inform the Assembly at its next sitting.

1982, c. 62, s. 16.

17. The seat of a Member of the Assembly becomes vacant if he

(1)  dies;

(2)  resigns;

(3)  becomes a candidate at a federal election or a provincial election in another province;

(4)  is appointed to the Senate;

(5)  is convicted of treason;

(6)  is convicted of corrupt electoral or referendum practices;

(7)  (subparagraph repealed);

(8)  is sentenced to imprisonment for an indictable offence punishable by imprisonment for over two years;

(9)  is in a situation that makes him disqualified within the meaning of the Election Act (chapter E-3.3), except the situation contemplated in subparagraph 4 of the second paragraph of section 235 of that Act.

A Member’s seat also becomes vacant in the cases provided for in sections 84, 134 and 136.

1982, c. 62, s. 17; 1984, c. 51, s. 528; 1989, c. 1, s. 583; 1990, c. 4, s. 66; 1997, c. 8, s. 21.

18. If the seat of a Member of the Assembly becomes vacant at a time when the election held in the electoral division of the Member is contested or could still be contested within the legal limit of time, any subsequent election held in the electoral division during the same Legislature becomes null if, as a result of the contestation, the court declares elected a person other than the person proclaimed elected at the contested election or at a subsequent election.

1982, c. 62, s. 18.

DIVISION IV THE PRESIDENT OF THE ASSEMBLY

19. At the beginning of its first sitting after a general election, the National Assembly shall elect a President and, subsequently, a first, a second and a third Vice-President from among its Members.

The first Vice-President and the second Vice-President shall be elected from among the Members forming the Government and the third Vice-President from among the Members forming the Official Opposition.

1982, c. 62, s. 19; 1999, c. 1, s. 1.

20. If the President is absent or unable to act, or at his request, one of the Vice-Presidents shall replace him and exercise his parliamentary duties.

1982, c. 62, s. 20.

21. If the President and the Vice-Presidents are absent or unable to act, the Secretary General shall notify the Assembly, and it shall designate a Member as interim President for his parliamentary duties.

1982, c. 62, s. 21.

22. If the office of President becomes vacant, the Secretary General shall inform the Assembly, and no business may be transacted until a new President is elected.

1982, c. 62, s. 22.

23. In addition to his duties under this Act, the President shall carry out the duties conferred on him by the Assembly.

1982, c. 62, s. 23.

24. On the dissolution of the Assembly, the President and the Vice-Presidents remain in office until they are replaced or reappointed by the new Assembly.

In such a case, they continue to receive the indemnity provided for in paragraphs 1 and 2 of section 7 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1).

1982, c. 62, s. 24; 2006, c. 10, s. 1.

DIVISION V PARLIAMENTARY ASSISTANTS

25. The Government may appoint one or several Members as parliamentary assistants to assist a minister in the discharge of his duties. A parliamentary assistant may reply to questions addressed to the minister or take note of them on his behalf.

In no case, however, may the number of parliamentary assistants exceed twenty.

1982, c. 62, s. 25.

DIVISION VI THE SECRETARY GENERAL

26. The National Assembly, on a motion of the Prime Minister, shall appoint a Secretary General and one or more associate secretaries general.

1982, c. 62, s. 26.

27. If the Secretary General is absent or unable to act, or in case of vacancy of the office of Secretary General, the President shall designate one of the associate secretaries general to replace the Secretary General during his absence or inability to act or during the vacancy of the office.

1982, c. 62, s. 27; 1984, c. 47, s. 8; 1999, c. 40, s. 25.

28. In addition to his duties under this Act, the Secretary General shall carry out the duties conferred on him by the Assembly.

1982, c. 62, s. 28.

CHAPTER II LEGISLATIVE ACTS

29. The National Assembly passes the legislative Acts and the Lieutenant-Governor gives assent to them.

1982, c. 62, s. 29.

30. Any Member may present a bill.

However, only a minister may present a bill having as its object the commitment of public funds, the creation of a charge on the taxpayers, the remission of a debt owing to the Province or the alienation of property owned by the Province.

1982, c. 62, s. 30.

31. Every legislative bill must have the following introductory formula:

“The Parliament of Québec enacts as follows: ”.

1982, c. 62, s. 31.

32. Upon the giving of assent to an Act, the Secretary General shall enter the date of assent therein. The entry forms part of the Act.

1982, c. 62, s. 32.

33. The Secretary General has custody of the originals of the Acts.

In case of the loss or destruction of an original, the Secretary General may substitute for it a certified true copy; thereafter, that copy serves as the original.

1982, c. 62, s. 33.

34. The Secretary General shall affix his seal to every copy of an Act that he certifies true.

1982, c. 62, s. 34.

35. After an Act has been assented to, the Secretary General shall promptly send a certified true copy to the Québec Official Publisher for printing.

1982, c. 62, s. 35.

36. Every year, the Québec Official Publisher shall publish a compilation of the statutes assented to during the preceding year.

1982, c. 62, s. 36.

37. The Office of the Assembly shall by by-law establish the conditions and modalities of printing, publication and distribution of the legislative Acts, the copies of the annual compilation of the statutes, the bills, and the other parliamentary documents.

The Secretary General shall provide printed copies of the Acts, free of charge, to the Lieutenant-Governor, the Government departments and the public bodies contemplated in section 66, according to the rules established by the Office.

1982, c. 62, s. 37.

38. The Secretary General shall deliver a copy of the annual compilation of the statutes to the Lieutenant-Governor, and to the Registrar of Québec.

1982, c. 62, s. 38.

39. The Secretary General, or the person designated by him for that purpose, shall supply certified true copies of any Act to any person who applies therefor, upon payment of the cost fixed by the by-law of the Office of the Assembly. The designation has effect from its publication in the Gazette officielle du Québec.

Sums received under this section are paid into the Consolidated Revenue Fund.

1982, c. 62, s. 39; 1986, c. 71, s. 2.

40. A copy of an Act certified true by the Secretary General, or the person designated for that purpose, or the text of an Act published by the Québec Official Publisher is authentic and is proof of its existence and contents.

1982, c. 62, s. 40; 1986, c. 71, s. 3.

41. Every person who makes a request to the National Assembly for the passage of a private bill must pay to the Assembly the fees prescribed by regulation.

1982, c. 62, s. 41; 1989, c. 22, s. 1.

CHAPTER III INDEPENDENCE OF THE NATIONAL ASSEMBLY

DIVISION I RIGHTS, PRIVILEGES AND IMMUNITIES

42. The Assembly has the power to protect its proceedings against all interference.

1982, c. 62, s. 42.

43. Every Member is vested with full independence for the carrying out of his duties.

1982, c. 62, s. 43.

44. No Member may be prosecuted, arrested or imprisoned by reason of anything said or done or any document tabled by him in the carrying out of his parliamentary duties in the Assembly or in any committee or subcommittee.

1982, c. 62, s. 44.

45. No Member may be bound to appear to answer a charge of contempt of court nor arrested or held for contempt of court while the Assembly or a committee or subcommittee in whose work he is taking part is sitting, or during the two preceding or two following days.

1982, c. 62, s. 45.

46. A Member is exempt from appearing as a witness in court or before any body or person empowered to summon witnesses while the Assembly or a committee or subcommittee in whose work he is taking part is sitting, and during the two preceding and two following days.

1982, c. 62, s. 46.

47. The President of the Assembly may exempt a member of the personnel of the Assembly from appearing as a witness in court, or before any body or person empowered to summon witnesses where he considers his presence required for the proper functioning of the Assembly and its services.

1982, c. 62, s. 47.

48. No person may be prosecuted for publishing or distributing an unedited report or official summary of the debates of the Assembly or of a committee or subcommittee, or for distributing, unedited, such debates or any document that has been submitted to them.

1982, c. 62, s. 48.

49. No person may be found guilty for publishing or distributing an abstract of the debates of the Assembly or of a committee or subcommittee, of a report or of an official summary of the debates, or of a document that has been submitted to them, or for giving an account of them, unless it is proved that he acted with malicious intent.

1982, c. 62, s. 49.

50. A copy of a written or audio-visual document contemplated in section 48 or 49 certified true by the Secretary General of the Assembly is admissible as evidence.

1982, c. 62, s. 50.

51. The Assembly or a committee may summon and compel the appearance before it of any person, either to answer questions put to him or to produce such papers and things as it may deem necessary for its acts, inquiries or proceedings.

1982, c. 62, s. 51.

52. The President or any Member of the Assembly or the chairman or any member of a committee or subcommittee may require a person appearing before it to make the oath provided in Schedule II.

1982, c. 62, s. 52; 1999, c. 40, s. 25.

53. In no case may a person’s testimony before the Assembly or a committee or subcommittee be held against him in a court of law, unless he is being prosecuted for perjury.

1982, c. 62, s. 53.

54. No action may be instituted by reason of an official act performed in good faith by a person in the exercise of duties assigned to him under this Act or in carrying out an order of the Assembly or a committee or subcommittee.

1982, c. 62, s. 54.

55. No person may breach the privileges of the Assembly. The following acts, in particular, constitute breaches of the privileges of the Assembly:

(1)  refusing to comply with an order of the Assembly, a committee or a subcommittee;

(2)  giving false or incomplete testimony before the Assembly, a committee or a subcommittee;

(3)  presenting a false document to the Assembly, a committee or a subcommittee with intent to deceive;

(4)  forging, falsifying or altering, with intent to deceive, any document of the Assembly, a committee or a subcommittee or any document tabled or presented before it;

(5)  creating a disturbance liable to disrupt the course of parliamentary proceedings;

(6)  using or threatening to use force or using undue pressure to have a sitting cancelled or suspended;

(7)  assaulting, interfering with, bullying or threatening Members of the Assembly in the carrying out of their parliamentary duties or members of the personnel of the Assembly in the carrying out of their parliamentary duties;

(8)  defaming a Member of the Assembly or using abusive language about him;

(9)  bribing or attempting to bribe a Member of the Assembly or a member of the personnel of the Assembly;

(10)  attempting to influence the vote, opinion, judgment or action of a Member by means of deceit, threats or undue pressure;

(11)  suborning or attempting to suborn or threatening a person in regard to any evidence to be given by him before the Assembly, a committee or a subcommittee;

(12)  instituting an action with malicious intent against a Member;

(13)  performing an act contrary to the parliamentary immunity conferred on a Member.

1982, c. 62, s. 55.

56. The person responsible for carrying out a warrant of the Assembly, a committee or a subcommittee may demand the assistance of a peace officer or any other person.

Refusal to give assistance when demanded constitutes a breach of the privileges of the Assembly.

1982, c. 62, s. 56.

DIVISION II INCOMPATIBLE OFFICES

57. The office of member of a municipal council or a school board is incompatible with the office of Member.

1982, c. 62, s. 57; 1988, c. 84, s. 544.

58. Any mandate, office or employment to which remuneration or a benefit in lieu of remuneration is attached is incompatible with the office of Member if it is held from or with

(1)  the Government or one of its departments;

(2)  the Government of Canada, the government of another province or a department of such a government, except the regular Armed Forces or the reserve;

(3)  a foreign country.

Any office to which remuneration from a non-profit international organization is attached is also incompatible with the office of Member.

However, membership of the Conseil exécutif is not incompatible with the office of Member of the National Assembly.

1982, c. 62, s. 58.

59. The office of director of a legal person of a commercial, industrial or financial nature is incompatible with the office of President of the Assembly.

1982, c. 62, s. 59; 1999, c. 40, s. 25.

60. A Member who, when elected, is in an incompatible office contemplated in sections 57 and 58 shall, before making the oath, resign from the incompatible office.

If an office incompatible with parliamentary duties devolves upon a Member during his term, he must resign from one or the other within thirty days.

Meanwhile, he shall not sit in the Assembly.

1982, c. 62, s. 60; 1999, c. 40, s. 25.

DIVISION III CONFLICTS OF INTEREST

61. A Member must avoid putting himself in situations where his personal interest may influence the carrying out of his duties.

1982, c. 62, s. 61.

62. A Member having a direct personal financial interest distinct from that of the other Members or the general public in a matter before the Assembly or a committee or subcommittee must publicly declare the interest before speaking or voting on the question.

However, he is not bound to make the declaration if he abstains from speaking and voting on the question.

1982, c. 62, s. 62.

63. No Member may solicit, accept or receive any remuneration, benefit or profit whatever in exchange for taking a position on a bill, a resolution or any question put or to be put to the Assembly or a committee or subcommittee.

1982, c. 62, s. 63.

64. No Member may use, for his personal benefit or for that of any other person, information obtained in the course of his official duties that is not available to the public.

1982, c. 62, s. 64.

65. No Member may, directly or indirectly, be a party to a transaction with the Government, a department or a public body.

However, a Member may

(1)  have an interest in an enterprise that is a party to such a transaction provided that the extent of that interest or the circumstances in which the transaction is made make collusion or undue influence unlikely;

(2)  receive a loan, a reimbursement, a grant or any indemnity or other benefit from the Government, a department or a public body in accordance with any Act, regulation or program;

(3)  hold securities that are issued by the Government or a public body on identical conditions for all.

1982, c. 62, s. 65; 1999, c. 40, s. 25.

66. For the purposes of this Act, a public body is a body to which the National Assembly, the Government or a minister appoints the majority of the members, to which, by law, the personnel is appointed in accordance with the Public Service Act (chapter F‐3.1.1), or whose capital forms part of the domain of the State.

1982, c. 62, s. 66; 1983, c. 55, s. 161; 1999, c. 40, s. 25; 2000, c. 8, s. 242.

67. A Member may claim and receive remuneration or a profit resulting from a transaction mentioned in the first paragraph of section 65 if it was made and carried out before his election.

1982, c. 62, s. 67.

68. Where the Government, a department or a public body acquires an immovable belonging in whole or in part to a Member, or a real right affecting the immovable, the purchase price or the indemnity must be fixed by the Administrative Tribunal of Québec.

1982, c. 62, s. 68; 1986, c. 61, s. 66; 1988, c. 21, s. 66; 1997, c. 43, s. 38.

69. A Member may, in the practice of his professional, commercial or financial activities, receive remuneration to which he is entitled even if the Government, a department or a public body pays the whole or part of the sums due, provided that the client is not the Government, a department or a public body.

1982, c. 62, s. 69.

70. A Member whose election places him in a situation of conflict of interest must put an end to the situation not later than within six months.

1982, c. 62, s. 70.

71. A Member placed during his term in a situation of conflict of interest by the effect of an Act or because of a marriage, a civil union or a de facto union to which he or she is party or the acceptance of a gift or legacy or the office of liquidator of a succession must put an end to the situation within six months.

1982, c. 62, s. 71; 2002, c. 6, s. 84.

72. A Member placed in a situation of conflict of interest without his knowledge or against his will does not contravene this Act.

However, he must put an end to the situation not later than six months after the date he was informed of it.

1982, c. 62, s. 72.

73. The payment of indemnities, allowances or other amounts under this Act or the regulations thereunder or under the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1) or the regulations thereunder to a Member of the Assembly or under the Executive Power Act (chapter E-18) or the regulations thereunder as a member of the Conseil exécutif, and the provision of premises to the President of the Assembly, in his electoral division, to enable him to receive his electors and the provision of premises to the Leader of the Official Opposition to enable him to perform his duties in the Montréal area do not put the Member in a situation of conflict of interest.

1982, c. 62, s. 73; 1986, c. 3, s. 1.

DIVISION IV ADVISORY OPINION

74. On the motion of the Prime Minister and with the approval of two-thirds of the Members, the National Assembly shall appoint a jurisconsult to give, to Members who so request in writing, written and substantiated opinions on whether the situations they may be in are in conformity with the provisions on incompatible offices and conflicts of interest. The jurisconsult must not be a Member of the Assembly.

1982, c. 62, s. 74.

75. The opinion of the jurisconsult is confidential unless the Member allows its disclosure.

1982, c. 62, s. 75.

76. The jurisconsult shall give his opinion within thirty days after a request contemplated in section 74.

1982, c. 62, s. 76.

77. The term of office of the jurisconsult is five years or less. At the expiry of his term, he remains in office until he is reappointed or replaced.

1982, c. 62, s. 77.

78. The jurisconsult may resign at any time by giving notice in writing to the President of the Assembly.

He may be removed only by a resolution of the Assembly approved by two-thirds of the Members.

1982, c. 62, s. 78.

79. The Office of the Assembly shall, if need be, determine the remuneration, social benefits and other conditions of employment of the jurisconsult and the personnel he requires.

1982, c. 62, s. 79.

80. The jurisconsult may file, with the President of the Assembly, a report containing recommendations on the application of the provisions on incompatible offices and conflicts of interest.

The report must not, however, contain the name of any Member nor any information that allows a Member to be identified.

1982, c. 62, s. 80.

81. A Member does not commit an offence by an act or omission if he has previously requested an opinion and the opinion concludes that the act or omission does not contravene the provisions on incompatible offices or conflicts of interest, provided that the facts alleged in support of his request were presented exactly and completely.

1982, c. 62, s. 81.

DIVISION V COMPLAINTS

82. A Member may bring a complaint before the Assembly accusing another Member of holding or having held an incompatible office or being or having been in a situation of conflict of interest.

1982, c. 62, s. 82.

83. The committee on the Assembly shall examine the complaint and, where such is the case, and if the Member allows it, the opinion of the jurisconsult which concerns him, and make a report to the Assembly.

1982, c. 62, s. 83.

84. Upon adoption by the Assembly of a report of the committee ascertaining that a Member holds an incompatible office, the seat of the Member becomes vacant.

1982, c. 62, s. 84.

85. The bringing of a complaint before the Assembly by a Member against another Member without a serious reason constitutes a breach of the privileges of the Assembly.

1982, c. 62, s. 85.

DIVISION VI DEFENCE COSTS, JUDICIAL COSTS, EXPENSES FOR COUNSEL AND INDEMNIFICATION

1998, c. 11, s. 1.

85.1. A Member or a former Member is entitled, subject to sections 85.2 to 85.4, to the payment of the defence costs and judicial costs arising out of proceedings brought against the Member or former Member by a third person for any act or omission in the performance of the Member’s or former Member’s duties of office.

The Member or former Member is also entitled to the payment of expenses incurred for counsel where the Member or former Member is summoned to appear at an inquiry, a preliminary inquiry or judicial or quasi-judicial proceedings in connection with the Member’s or former Member’s duties of office.

In each case submitted to it, the Office of the National Assembly may, after obtaining the advice of the jurisconsult of the National Assembly, fix the maximum amount to be paid under the first and second paragraphs.

1998, c. 11, s. 1.

85.2. In the case of criminal proceedings, the defence costs and judicial costs shall be paid only if the case was withdrawn or dismissed or if the Member or former Member was acquitted by a judgment that has become res judicata, or was discharged.

1998, c. 11, s. 1.

85.3. Where a Member or former Member is found guilty of a penal offence in a judgment that has become res judicata, no costs or expenses may be paid and the Assembly shall recover any costs or expenses paid except where the Office, after obtaining the advice of the jurisconsult, is of the opinion that the Member or former Member had reasonable grounds for believing that the conduct in question was in conformity with the law. In the latter case, the Assembly shall assume the payment of any pecuniary penalty.

1998, c. 11, s. 1.

85.4. Where, in judgment in a civil suit that has become res judicata, a Member or former Member is held liable for damage by reason of an act or omission in the performance of the Member’s or former Member’s duties of office, no costs or expenses may be paid and the Assembly shall recover any costs or expenses paid if the Office, after obtaining the advice of the jurisconsult, is of the opinion that the Member or former Member acted in bad faith.

The Assembly shall, however, assume the payment of any pecuniary penalty arising out of a judgment in a civil suit, except where the Office, after obtaining the advice of the jurisconsult, is of the opinion that a gross fault was committed by the Member or former Member or that the judgment should be appealed by the Member or former Member.

1998, c. 11, s. 1.

CHAPTER IV ADMINISTRATION OF THE ASSEMBLY

DIVISION I THE OFFICE OF THE NATIONAL ASSEMBLY

86. An Office of the National Assembly is hereby established.

1982, c. 62, s. 86.

87. The President of the Assembly is the chairman of the Office. The Office is also composed of nine other Members.

1982, c. 62, s. 87; 1999, c. 3, s. 1.

88. The members of the Office other than the chairman are designated by the Members of each party in the following manner:

(1)  five from the Government party;

(2)  four from the party of the Official Opposition or, where there are several opposition parties, three from the Official Opposition party and one from the party among the remaining opposition parties having obtained the greatest number of seats or, in case of equality of seats, from that having obtained the greatest number of valid votes.

1982, c. 62, s. 88; 1999, c. 3, s. 2.

89. Each of the designating parties shall also designate the same number of Members as substitute members of the Office; each of them may act in the place of a member who is absent or unable to act.

1982, c. 62, s. 89.

90. Within fifteen days from the beginning of a session, each party shall communicate to the President of the Assembly the names of the members and substitute members it has designated.

1982, c. 62, s. 90.

91. The President shall submit the list of the designated Members to the Assembly. The Assembly shall adopt or reject the list as a whole.

1982, c. 62, s. 91.

92. If a party fails to designate its representatives or if the composition of the Assembly does not allow the application of sections 88 and 89, the chairman shall himself designate the Members to complete the composition of the Office.

1982, c. 62, s. 92.

93. When the Assembly is prorogued, the members of the Office remain in office until they are replaced or designated again.

1982, c. 62, s. 93.

94. On the dissolution of the Assembly, the President and the Vice-Presidents of the Assembly shall perform the duties of the Office.

1982, c. 62, s. 94.

95. The Vice-Presidents of the Assembly may take part, without the right to vote, in the proceedings of the Office.

1982, c. 62, s. 95.

96. If the President is absent, or at the President’s request, the Vice-President designated by the President shall act as chairman. Only the first Vice-President or the second Vice-President may be designated for that purpose.

If the President is unable to act or the office of President is vacant, the first Vice-President shall act as chairman during such inability or vacancy.

However, if the first Vice-President also is unable to act or the office of first Vice-President also is or also becomes vacant, the second Vice-President shall replace the first Vice-President in the circumstances described in the second paragraph.

1982, c. 62, s. 96; 1998, c. 54, s. 1; 1999, c. 3, s. 3; 1999, c. 40, s. 25.

97. Five members, including the chairman, constitute a quorum of the Office. In the event of a tie-vote, the chairman has a casting vote.

1982, c. 62, s. 97; 1999, c. 3, s. 4.

98. The Secretary General of the Assembly is the secretary of the Office. If the Secretary General is absent or unable to act, the Office shall designate an associate secretary general to replace him.

1982, c. 62, s. 98.

99. The Office shall establish its rules of procedure.

1982, c. 62, s. 99.

100. The Office shall have managerial and regulatory functions, in accordance with this Act.

It shall have such other functions as the Assembly may assign to it.

1982, c. 62, s. 100.

101. The Office shall give its opinion on any matter referred to it by the President.

1982, c. 62, s. 101.

102. The Office shall establish, by regulation, the terms and conditions, scales and modalities of reimbursement to the members, except members of the Conseil exécutif, members of the staff of the National Assembly and the persons contemplated in the first paragraph of section 124.2, of expenses incurred in carrying out official assignments requested by the President of the Assembly.

The Office may, according to the modalities, on the terms and conditions and for the time it determines, delegate to the person it designates the power to determine the amount of the expenses that may be reimbursed according to the fixed scale.

1982, c. 62, s. 102; 1984, c. 27, s. 33.

103. The Office shall, by regulation, establish the conditions, scales and modalities of payment of an attendance allowance to its members and to the members of and participants in a committee or subcommittee of the Assembly.

1982, c. 62, s. 103; 1984, c. 27, s. 34.

104. The Office shall, by regulation, establish the conditions, scales and modalities of payment to Members of, in particular,

(1)  transportation allowances and travel expenses;

(2)  the cost of renting premises in the electoral division of each Member to receive his electors as well as any other cost provided for by the Office in the regulations to ensure the proper administration of the Member’s offices;

(3)  allowances for the remuneration of their personnel and for payment of professional services;

(4)  expenses for lodgings, in the territory of Ville de Québec or in the immediate vicinity, of any Member domiciled outside the territory formed by that of Ville de Québec or an electoral division adjacent to the territory of that city;

(5)  the cost of purchase or lease of property or services for communications.

The Office may, by regulation, in the cases, on the conditions and to the extent it determines, allow a Member to whom the first paragraph of section 124.1 applies to make transfers from the sums granted by the Office under subparagraphs 2 and 3 of the first paragraph to the sums granted under the first paragraph of section 104.2.

The Office may, by regulation, in the cases, on the conditions and to the extent it determines, pay the allowances or repay the expenses and other costs provided for in this section for a period, fixed in the regulation, between the day on which the seat of a Member becomes vacant or the Assembly is dissolved and the thirtieth day, or the sixtieth day as regards persons referred to in the first paragraph of section 124.1, after the day on which a poll is held to fill the vacancy or a poll is held following the dissolution of the Assembly.

1982, c. 62, s. 104; 1984, c. 27, s. 35; 1985, c. 19, s. 1; 1986, c. 3, s. 2; 1989, c. 22, s. 2; 1996, c. 2, s. 76; 1997, c. 13, s. 1; 1999, c. 40, s. 25; 2004, c. 19, s. 1; 2006, c. 10, s. 2.

104.1. The Office may, by regulation, provide for one or several categories of Members and establish the conditions, scales and modalities of payment to such Members of additional allowances for the same purposes as those paid under section 104.

1989, c. 22, s. 3.

104.2. The Office shall, by regulation, establish the conditions, scales and modalities of payment of the expenses connected with the administration of the offices of the persons contemplated in the first paragraph of section 124.1.

The Office may, by regulation, in the cases, on the conditions and to the extent it determines, allow those persons to make transfers from the sums granted by the Office under the first paragraph to the sums granted under subparagraphs 2 and 3 of the first paragraph of section 104.

1989, c. 22, s. 3; 2004, c. 19, s. 2.

104.3. The Office shall fix, by regulation, the conditions, rates and terms governing the payment of any amount pursuant to sections 85.1 to 85.4.

1998, c. 11, s. 2.

105. The Office shall fix the intervals for the payment of indemnities and expense allowances provided in the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1).

1982, c. 62, s. 105.

106. The Minister of Finance shall pay, for each Member participating in the plan, such portion of the premium of a group life insurance and disability insurance plan or of any other insurance plan as the Office may determine.

1982, c. 62, s. 106.

107. The Office shall, by regulation, determine the rules according to which the personnel and the financial resources are to be allocated to any committee or subcommittee of the Assembly.

1982, c. 62, s. 107.

108. The Office shall, by regulation, determine the moneys that may be received from the Assembly, for research and support purposes, by the political parties represented in the Assembly following the last general election and by independent Members, and the terms and conditions of payment thereof.

The Member who is the leader of the Government party and the Member who is the leader of the Official Opposition party may transfer the moneys required for the remuneration of the regular personnel hired to assist the party for research and support purposes to the budget granted, under subparagraph 3 of the first paragraph of section 104, to the offices referred to in section 124.1. The personnel hired to assist the party for such purposes forms part of the personnel of the offices so designated in the same manner as the other members of the personnel of those offices.

In the case of another party to which the first paragraph applies, the Member who is the leader of that party or the authorized Member may transfer the moneys required for the remuneration of the regular personnel hired to assist the party for research and support purposes to the budget granted to the Member under subparagraph 3 of the first paragraph of section 104. The personnel hired to assist the party for such purposes forms part of the personnel of that Member in the same manner as the other members of his personnel.

1982, c. 62, s. 108; 1985, c. 19, s. 2; 1986, c. 3, s. 3; 1989, c. 22, s. 4; 1994, c. 39, s. 1; 1999, c. 3, s. 5.

108.1. The Office shall, by regulation, determine the moneys that may be received from the Assembly, for the purposes of research and support, by a Member sitting as an independent Member on 15 June 1993 who is not a member of a political party represented in the Assembly, and the terms and conditions of payment thereof.

This section shall cease to have effect on 24 July 1994.

1992, c. 7, s. 1; 1993, c. 20, s. 1.

109. The President shall table in the Assembly the rules and regulations adopted by the Office within fifteen days of their adoption if the Assembly is in session or, if it is not sitting, within fifteen days of the opening of the next session or resumption.

1982, c. 62, s. 109.

DIVISION II MANAGEMENT OF THE ASSEMBLY

110. Subject to this Act, the Assembly shall continue to be managed within the scope of the Acts, regulations and rules applicable.

The Office may, however, by regulation, derogate from the applicable Acts, regulations and rules by specifically indicating the provisions derogated from and the provisions that are to apply in their place and stead.

1982, c. 62, s. 110.

110.1. Subject to this Act and for the purposes of this division, the Office may make any regulation it deems necessary for the management of the Assembly.

1984, c. 47, s. 9.

110.2. Subject to the second paragraph of section 110, Chapter III, Chapter IV with the exception of section 44, the second and fourth paragraphs of section 45, sections 46 and 53 and the third paragraph of section 57, Chapter VI and section 73 of the Public Administration Act (chapter A‐6.01) apply to the National Assembly.

2000, c. 8, s. 103.

111. The Office may, by regulation, prescribe the rules governing the expenditures of the Assembly.

1982, c. 62, s. 111.

112. (Repealed).

1982, c. 62, s. 112; 2000, c. 15, s. 95.

113. The Office shall fix the maximum number of staff needed by the Assembly to administer its services and shall determine the apportionment of the staff.

The Office shall adopt the administrative organization plan of the Assembly.

1982, c. 62, s. 113; 1984, c. 47, s. 10.

114. The organization and use of the premises as well as the use of the equipment of the Assembly and its services must be approved by the Office.

1982, c. 62, s. 114.

DIVISION III SERVICES OF THE ASSEMBLY

115. The President of the Assembly shall direct and administer the services of the Assembly.

1982, c. 62, s. 115.

116. The President is responsible for the security of the buildings or premises occupied by the Members and the members of the personnel of the Assembly; he shall also provide protection for persons and property in the premises.

For that purpose, the President may establish an advisory committee to assist him with the examination and implementation of security and protective measures; the members of the committee are entitled, where such is the case, to the fees and other allowances determined by the Office.

1982, c. 62, s. 116; 1984, c. 47, s. 11.

117. If the President is absent, or at the President’s request, the Vice-President designated by the President shall act as President. Only the first Vice-President or the second Vice-President may be designated for that purpose.

If the President is unable to act or the office of President is vacant, the first Vice-President shall act as President during such inability or vacancy.

However, if the first Vice-President also is unable to act or the office of first Vice-President also is or also becomes vacant, the second Vice-President shall replace the first Vice-President in the circumstances described in the second paragraph.

1982, c. 62, s. 117; 1998, c. 54, s. 2; 1999, c. 3, s. 6; 1999, c. 40, s. 25.

118. The President may delegate some of the President’s administrative responsibilities to the first or the second Vice-President who shall, within the limits of the delegation, have the same powers and duties as the President.

1982, c. 62, s. 118; 1999, c. 3, s. 6.

119. Under the responsibility of the President, the Secretary General of the Assembly has the supervision of the members of the personnel of the Assembly; he shall administer its day-to-day business and exercise the other functions assigned to him by the Office.

The orders of the Secretary General must be carried out in the same manner as those of the President.

1982, c. 62, s. 119.

120. Every member of the personnel of the Assembly, except a casual employee, is a member of the personnel of the civil service, whether appointed under the Public Service Act (chapter F-3.1.1) or by derogation by virtue of the second paragraph of section 110, unless, in the latter case, the Office excludes him therefrom.

The Secretary General has, in respect of the personnel of the Assembly, the powers vested in a deputy minister by the Public Service Act.

1982, c. 62, s. 120; 1983, c. 55, s. 161.

121. The Assembly may vest in the associate secretaries general, in their deeds of appointment, the rank and privileges of an assistant deputy minister.

The associate secretaries general are members of the personnel of the civil service.

1982, c. 62, s. 121.

122. The respective duties of the members of the personnel of the Assembly not expressly defined by law or by the Office are determined by the President.

1982, c. 62, s. 122.

123. No deed, document or writing binds the Assembly or may be attributed to the President unless it is signed by him, by the Secretary General or by another officer, and only, in this last case, to the extent determined by regulation of the Office.

The Office may, however, upon the conditions it fixes, allow the required signature to be affixed by means of an automatic device to such documents as it determines.

The Office may also allow a facsimile of the signature to be engraved, lithographed or printed on such documents as it determines. In such a case, the facsimile has the same force as the signature itself if the document is countersigned by a person authorized by the President.

Any copy of a document forming part of the records of the services of the Assembly and certified true by a person authorized to sign the document under the first paragraph is authentic and has the same force as the original.

1982, c. 62, s. 123.

123.1. The Secretary General shall have custody of the records of the Assembly. He may, however, entrust their care to any members of the personnel of the Assembly he may designate.

1984, c. 27, s. 36.

124. The President may, with the approval of the Office, enter into any agreement with a department, an agency or a person to facilitate the carrying out of this Act.

1982, c. 62, s. 124.

DIVISION III.1 OFFICE STAFF AND MEMBER’S STAFF

1983, c. 55, s. 136.

124.1. The Leader of the Official Opposition, a Member to whom paragraph 6 of section 7 of the Act respecting the conditions of employment and the pension plan of the Members of the National Assembly (chapter C-52.1) applies, the President and the Vice-Presidents of the National Assembly, the Government House Leader, the Official Opposition House Leader and the House Leader of a party contemplated in paragraph 6 of section 7 of the said Act, and the Chief Government Whip and the Chief Official Opposition Whip in the National Assembly, may appoint their respective executive secretaries and the other persons required for the orderly administration of their respective offices.

Members other than those contemplated in the first paragraph or in sections 11.5 and 11.6 of the Executive Power Act (chapter E-18) may appoint such persons as are required to assist them in carrying out their duties.

1983, c. 55, s. 136.

124.2. The standards and scales according to which the executive secretary and the other members of the office staff are recruited, appointed and remunerated, as well as their other conditions of employment, are fixed by regulation of the Office of the National Assembly.

This section applies to the members of the staff of a Member.

1983, c. 55, s. 136.

DIVISION IV BUDGETARY AND FINANCIAL PROVISIONS

125. The President shall prepare the budget estimates for the Assembly every year. He shall, for that purpose, consult the Office.

Where, during a year, the President foresees that he will be required to exceed the budget estimates, he must prepare supplementary budget estimates and, for that purpose, consult the Office.

Furthermore, the budget estimates and, as the case may be, the supplementary budget estimates must be approved by the Office.

1982, c. 62, s. 125; 1989, c. 22, s. 5.

126. The sums required for the carrying out of this Act shall be taken out of the Consolidated Revenue Fund.

1982, c. 62, s. 126; 1989, c. 22, s. 6.

127. (Replaced).

1982, c. 62, s. 127; 1983, c. 55, s. 137; 1984, c. 27, s. 37; 1989, c. 22, s. 6.

DIVISION V LIBRARY OF THE NATIONAL ASSEMBLY

128. The Assembly shall put a library, called the “Library of the National Assembly”, at the disposal of its Members and the members of its personnel.

1982, c. 62, s. 128.

129. The head of the Library, his assistants and the other employees of the Library are members of the personnel of the Assembly.

1982, c. 62, s. 129.

130. (Repealed).

1982, c. 62, s. 130; 1984, c. 27, s. 38.

131. The head of the Library may update unusable or obsolete documents, transpose them to other data systems or treat them in any other manner approved by the Office.

1982, c. 62, s. 131.

132. The Québec Official Publisher, the departments and public bodies, and the inquiry commissions and study committees set up by the Government shall transmit two copies of the documents they publish to the head of the Library.

1982, c. 62, s. 132.

CHAPTER V PENAL PROVISIONS

133. Any person other than a Member who performs any act or makes any omission contemplated in sections 55 and 56 is guilty of an offence and liable to a maximum fine of $10,000.

1982, c. 62, s. 133; 1990, c. 4, s. 67.

134. A Member who performs any act or makes any omission contemplated in sections 55, 56 and 85 is guilty of an offence and liable to one or several of the penalties provided for in section 136.

1982, c. 62, s. 134.

135. Every Member who contravenes any provision of Division II of Chapter III is guilty of an offence and liable, in addition to the penalty provided for in section 84, to a maximum fine of $1,000 for each day he sits while so disqualified.

He shall also reimburse the indemnities, allowances or other amounts he received as a Member while the situation continued.

1982, c. 62, s. 135.

136. Every Member who contravenes any provision of Division III of Chapter III is guilty of an offence and liable to one or more of the following penalties, as determined by the National Assembly:

(1)  a reprimand;

(2)  a fine;

(3)  the refund of any illicit profit;

(4)  the refund of the indemnities, allowances or other sums he received as a Member while the offence continued;

(5)  a temporary suspension, without indemnity;

(6)  the loss of his seat as a Member.

1982, c. 62, s. 136.

137. The Assembly is fully competent to judge any offence provided for in sections 134 to 136 and to apply the penalties prescribed therein.

1982, c. 62, s. 137.

138. Where the Assembly condemns a Member to pay or reimburse an amount for an offence against this Act, it may, in default of payment, have its decision homologated by the Superior Court or the Court of Québec, according to the amount involved.

The decision thereby becomes executory as a judgment of that court in its civil law jurisdiction.

1982, c. 62, s. 138; 1988, c. 21, s. 66.

139. Every sum received under this chapter is paid into the Consolidated Revenue Fund.

1982, c. 62, s. 139.

CHAPTER VI TRANSITIONAL AND FINAL PROVISIONS

140. (Repealed).

1982, c. 62, s. 140; 1989, c. 22, s. 7.

141. (Repealed).

1982, c. 62, s. 141; 1989, c. 22, s. 7.

142. The Standing Orders of the National Assembly of Québec, any sessional order, and any resolution, decision or order of the commissioners appointed under sections 41 and 82 of the Legislature Act (chapter L-1) and the regulations, orders or orders in council adopted under sections 116, 118 and 119 of the said Act remain in force to the extent that they are consistent with this Act or the Act respecting the Ministère des Communications (chapter M-24), as the case may be, until they are repealed or replaced.

1982, c. 62, s. 142.

143. In any Act, order in council, order, contract or any other document, a reference to a provision of the Legislature Act (chapter L-1), except the provisions of that Act that are not replaced by this Act, is a reference to the equivalent provision of this Act or to the equivalent provision of the Act respecting the Ministère des Communications (chapter M-24) enacted under this Act.

1982, c. 62, s. 143; 1999, c. 3, s. 7.

144. (Omitted).

1982, c. 62, s. 144.

145. (Amendment integrated into c. E-3.1, s. 10).

1982, c. 62, s. 145.

146. (Amendment integrated into c. F-3.1, s. 92).

1982, c. 62, s. 146.

147. (Amendment integrated into c. F-3.1, s. 118).

1982, c. 62, s. 147.

148. (Amendment integrated into c. I-16, s. 1).

1982, c. 62, s. 148.

149. (Omitted).

1982, c. 62, s. 149.

150. (Amendment integrated into c. I-16, heading of Division II).

1982, c. 62, s. 150.

151. (Omitted).

1982, c. 62, s. 151.

152. (Amendment integrated into c. I-16, s. 5).

1982, c. 62, s. 152.

153. (Amendment integrated into c. I-16, s. 9).

1982, c. 62, s. 153.

154. (Amendment integrated into c. I-16, s. 11).

1982, c. 62, s. 154.

155. (Omitted).

1982, c. 62, s. 155.

156. (Amendment integrated into c. I-16, s. 60).

1982, c. 62, s. 156.

157. (Amendment integrated into c. I-16, s. 61).

1982, c. 62, s. 157.

158. (Amendment integrated into c. I-16, s. 62).

1982, c. 62, s. 158.

159. (Amendment integrated into c. J-2, s. 5).

1982, c. 62, s. 159.

160. (Amendment integrated into c. L-1, s. 85).

1982, c. 62, s. 160.

161. (Amendment integrated into c. L-1, s. 86).

1982, c. 62, s. 161.

162. (Amendment integrated into c. L-1, s. 89).

1982, c. 62, s. 162.

163. (Amendment integrated into c. M-24, heading of chapter I, of chapter II, and ss. 15-19).

1982, c. 62, s. 163.

164. (Amendment integrated into c. S-4, s. 6).

1982, c. 62, s. 164.

165. (Amendment integrated into c. S-20, s. 23).

1982, c. 62, s. 165.

166. (Amendment integrated into c. T-16, s. 133).

1982, c. 62, s. 166.

167. (Repealed).

1982, c. 62, s. 167; 1989, c. 22, s. 7.

168. (This section ceased to have effect on 18 December 1987).

1982, c. 62, s. 168; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

169. (Repealed).

1982, c. 62, s. 169; 1989, c. 22, s. 7.

170. (Omitted).

1982, c. 62, s. 170.

SCHEDULE I

(Section 15)

OATH OF A MEMBER

I, (name of the Member), declare under oath that I will be loyal to the people of Québec and that I will perform the duties of Member honestly and justly in conformity with the constitution of Québec.

1982, c. 62, Schedule I; 1999, c. 40, s. 25.

SCHEDULE II

(Section 52)

DECLARATION UNDER OATH

I, (name of the witness), declare under oath that the testimony that I will give will be the truth, the whole truth and nothing but the truth.

1982, c. 62, Schedule II; 1999, c. 40, s. 25.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 62 of the statutes of 1982, in force on 1 January 1983, is repealed, except sections 144 and 170, effective from the coming into force of chapter A-23.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 33 to 36, 38, 40 to 140, the second paragraph of section 141, sections 147, 159, 164, the first paragraph of section 167 and Schedule II of chapter 62 of the statutes of 1982, in force on 1 July 1983, are repealed effective from the coming into force of the updating to 1 July 1983 of chapter A-23.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 37 and 39 of chapter 62 of the statutes of 1982, in force on 1 March 1990, are repealed effective from the coming into force of the updating to 1 March 1990 of chapter A-23.1 of the Revised Statutes.