Definitions

1   In this Act:

"additional party" means a political party with 2 or more members in the Legislative Assembly but does not include the government party or official opposition party;

"chair of the Government Caucus" means the member of the Legislative Assembly designated as such by the government party;

"chair of the Official Opposition Caucus" means the member of the Legislative Assembly designated as such by the official opposition party;

"committee" means the Legislative Assembly Management Committee continued by section 2;

"Confederation Garden Park" means the park described in the Schedule;

"Government House Leader" means the member of the Executive Council named as such by the Premier;

"legislative grounds" means the area bounded by Belleville, Menzies, Superior and Government Streets in the City of Victoria, British Columbia;

"Legislative Precinct" means

(a) the Parliament Buildings,

(a.1) the legislative grounds and Confederation Garden Park,

(b) other buildings in Victoria or parts of them that are from time to time occupied and used by members of the Legislative Assembly for the purpose of their parliamentary duties including any premises from time to time occupied by officers and staff of the Legislative Assembly, and

(c) other land or buildings or both, other than constituency offices, designated by minute of the committee;

"Opposition House Leader" means the member of the Legislative Assembly named as such by the Leader of the Official Opposition;

"Speaker" means, subject to section 6, the person holding office as such under section 37 of the Constitution Act.

Continuation of the committee

2   (1) The Legislative Assembly Management Committee is continued consisting of the following members of the Legislative Assembly:

(a) the Speaker;

(b) the minister;

(c) the Government House Leader;

(d) the chair of the Government Caucus;

(e) the Opposition House Leader;

(f) the chair of the Official Opposition Caucus;

(g) one member appointed from each additional party by the members of that party;

(h) for each member appointed under paragraph (g) one additional government member from the Government Caucus appointed by the Government House Leader.

(2) The members of the committee referred to in subsection (1) (g) and (h) must be appointed within 45 days from the final voting day for the general election that preceded the Parliament.

(3) The first meeting of the committee must be held within 14 days of the appointment of the members referred to in subsection (1) (g) and (h).

(4) A member of the committee referred to in subsection (1) (b) to (h) may appoint a designate to take the member's place at a meeting of the committee.

(5) The Speaker is the chair of the committee and in the Speaker's absence the Deputy Speaker may act as chair and, with respect to the business of the committee, exercise the powers of the Speaker.

(6) A quorum of the committee is 5 members of the committee consisting of

(a) the Speaker, or in the Speaker's absence, the Deputy Speaker,

(b) 3 of the persons referred to in subsection (1) (b), (c), (d) or (h), and

(c) one of the persons referred to in subsection (1) (e), (f) or (g).

(7) Each member of the committee other than the chair has a vote, and if the votes are equal the chair has a deciding vote.

(8) The members of the committee or their designates must attend all meetings of the committee as and when called by the chair, unless prevented from doing so by illness or for other unavoidable reason.

Powers and duties of the committee

3   (1) The committee has jurisdiction to deal with all matters affecting

(a) subject to any other enactment and any rules of conduct established by the Legislative Assembly, policies for the administration of the Legislative Assembly and for the conduct of the members of the Legislative Assembly,

(b) the provision of facilities and services, including allocation within the Legislative Precinct, that are required for the effective functioning of the Legislative Assembly,

(c) the appointment, supervision and management of staff of the Legislative Assembly, other than permanent officers of the Legislative Assembly,

(d) review of estimates of expenditure for the Legislative Assembly for Vote 1 including the preparation of forecasts and analyses of expenditures and commitments of the Legislative Assembly,

(d.1) payments of Capital City allowance to members of the Legislative Assembly,

(d.2) [Repealed 2007-23-16.]

(d.3) the voluntary group registered retirement savings plan that was established by the committee for members of the Legislative Assembly,

(e) payments to members of the Legislative Assembly to defray expenses in the performance of their duties, including

(i) expenses for residence in the Capital Regional District during the legislative session and for any additional periods specified by the committee,

(ii) protocol expenses,

(iii) travel and associated expenses of the members and persons accompanying the members, and

(iv) expenses for service on legislative committees when the Legislative Assembly is not sitting,

(f) payments or services to members for constituency offices, including payments or services for staffing, maintaining the offices, communication expenses and travel expenses,

(f.1) a severance allowance for persons when they cease to be members of the Legislative Assembly, and for this purpose may establish a severance plan that sets out the circumstances in which such persons will be eligible for the allowance, the amounts of the allowance payments, and any other matter related to severance,

(f.2) when and how

(i) payments referred to in paragraphs (d.1), (e), (f) and (f.1) are required to be provided by the government, and

(ii) amounts required to be contributed by the government under the terms of the plan described in paragraph (d.3) are to be paid, and

(g) other matters necessary for the efficient and effective operation and management of the Legislative Assembly.

(1.1) [Repealed 2007-23-16.]

(1.2) Despite the Income Tax Act, a Capital City allowance payable to a member under subsection (1) (d.1) is deemed not to be wages within the meaning of that Act, and not to form part of the income of that member for any purpose of that Act.

(2) Subsection (1) (b) does not empower the committee to allocate space or provide services within the Legislative Precinct that are necessary for

(a) ministerial offices,

(b) ministerial administration and support staff, or

(c) the functioning of the Executive Council.

Powers and duties of the Speaker

4   (1) Subject to any direction of the committee, the Speaker is responsible for the day to day administration of the Legislative Assembly.

(1.1) In accordance with the regulations, the Speaker is responsible for the

(a) provision of security within the Legislative Precinct, and

(b) management of the use and enjoyment of the Legislative Precinct by the public and by other persons.

(2) The committee may delegate any of its powers to the Speaker.

Proceedings and business

5   (1) The committee may determine its own procedures.

(2) The committee speaks by minute duly adopted by the committee.

(3) The committee may authorize payment of reasonable and actual expenses incurred by its members

(a) for attendance at meetings of the committee while the Legislative Assembly is adjourned or prorogued, or

(b) while engaged in the work of the committee while the Legislative Assembly is adjourned or prorogued.

(4) The committee must have its accounts or financial procedures examined and reported on each fiscal year by a qualified person or firm appointed by the committee.

(5) A member of the public service is not eligible to be appointed under subsection (4).

(6) The Auditor General may examine the accounts and financial procedures of the committee and report to the Speaker at the times that the Auditor General considers appropriate.

(7) Subsection (6) does not restrict the Auditor General from reporting to the Legislative Assembly on any other matter that the Auditor General considers to be in the public interest including the matters within the jurisdiction of the committee under section 3.

(8) The committee must promptly file its minutes and the reports referred to in subsections (4) and (6) with the Clerk of the Legislative Assembly who must

(a) make the minutes and reports available to any person for inspection without charge and during normal business hours, and

(b) provide a copy of the minutes and reports on payment of a reasonable copying charge.

(9) The committee must report annually to the Legislative Assembly on the decisions made by the committee during the previous year.

(10) The report under subsection (9) must include the reports referred to in subsections (4) and (6).

Dissolution of Legislative Assembly

6   (1) After final voting day for a general election, the person holding the office of Speaker immediately before final voting day is deemed for the purposes of this Act to continue in office as Speaker until a Speaker designate is named.

(2) [Repealed 2011-13-125.]

(3) A Speaker designate is deemed to be Speaker for the purposes of this Act.

(4) [Repealed 2011-13-125.]

Appropriation

6.1   Money required to be provided by or paid on behalf of the government under this Act must be provided or paid by the Minister of Finance from money appropriated for that purpose by the Legislative Assembly or, in the absence of  an adequate appropriation for that purpose, from the consolidated revenue fund.

Conflicts

7   If there is any conflict or inconsistency between

(a) this Act or a minute of the committee issued under this Act, and

(b) the Financial Administration Act or any regulation or directive made or given under it,

then, despite the Financial Administration Act, this Act or the minute of the committee prevails.

Power to make regulations

8   (1) The Lieutenant Governor in Council may make regulations as follows:

(a) providing for the security of the Legislative Precinct;

(b) regulating, permitting or prohibiting use of the Legislative Precinct by the public or by other persons.

(2) The Lieutenant Governor in Council may make regulations establishing penalties for failure to comply with the regulations made under this section.