proroga tion. the Provinces have expressly conferred on the LieutenantGovernor power to prorogue or to dissolve the Legislature'. Manner of The Legislature may be prorogued by the LieutenantGovernor either in person or by proclamation. Prorogation at the end of a session is usually effected in person. For instance, after the usual speech had been delivered in the Quebec Legislative Council on the 21st June, 1886, the Speaker of the Legislative Council said: Proroga tion during recess. Dissolu. tion. "Honourable Gentlemen of the Legislative Council and Gentlemen of the Legislative Assembly: "It is His Honour the Lieutenant-Governor's will and pleasure, that this Provincial Legislature be prorogued until Monday the ninth day of August next to be then here holden and this Provincial Legislature is accordingly prorogued until Monday the ninth day of August next." When it is desired to prorogue the Legislature during the recess, a proclamation is issued. Leaving out the formal parts the following form is used in Quebec : A PROCLAMATION. WHEREAS the meeting of the Legislature of the Province at which time at our of Quebec stands prorogued to City of Quebec you were held and constrained to appear. A dissolution of the Provincial Assembly takes place either 1 O. R. S. 1887, c. 11, s. 3. Q. 44 & 45 Vic. c. 7, s. 2. B. C. 34 Vic. c. 42, s. 31. 2 See ante, p. 45. by act of the Crown or by lapse of time: the demise of the Crown having no such effect. The Lieutenant-Governor as representing the Crown may dissolve the Legislature in person or by proclamation, the latter being the usual course. The form of proclamation used in Quebec in 1882 was as Form of follows: Canada Province of THEODORE ROBITAILLE Proclamation. Quebec L. S. Victoria by the Grace of God of the United Kingdom of Great To our beloved and faithful the Legislative Councillors of GREETING A PROCLAMATION WHEREAS it has pleased us by our proclamation dated the 11th of October last to convoke the Legislature of our Province of Quebec for the fifteenth day of the month of November instant and WHEREAS We have thought fit by and with the advice and consent of our Executive Council of our Province of Quebec to dissolve the Legislative Assembly of our said Province Now know ye that by this our royal proclamation We dissolve the said Legislative Assembly: Accordingly We exempt the Legislative Councillors and the citizens and burgesses of the Legislative Assembly of the obligation of meeting and attendance on the said fifteenth day of November instant. In testimony whereof &c. A Provincial Assembly lasts for four years except in the Lapse of Province of Quebec, where it lasts for five years subject to the time. right of the Lieutenant-Governor to dissolve it at any time. In Quebec, New Brunswick, British Columbia, Manitoba, and Prince Edward's Island the period begins to run from the day of the return of the writs: but in Ontario the period begins to run from the 55th day, and in Nova Scotia from the expiration of the 40th day after the date of the issue of the writs for holding the election'. In the North West Territories the elected members hold their seats for two years. 6. Annual Sessions. In England there is no statutory authority requiring Parliament to meet every year. The 16 Car. II., c. 13 required Parliament not to be intermitted above three years at the most, and the 6 Will. & Mary, c. 2 provided that writs should issue for a new Parliament within three years after the determination of every Parliament. The necessity of passing the annual Army Bill and the Appropriation Act secures in practice annual sessions. Provision The British North America Act, 1867, expressly proSessions. vides, that there shall be a session of the Legislature once at for Annual Enacting least in every year, so that 12 months shall not intervene between the last sitting of the Legislature in each Province in one session and its first sitting in the next session. This rule is also found in Provincial Acts". 7. Enacting Clause. The enacting clause of a statute varies in the different provinces. In Ontario, Quebec, Manitoba, and British Co 1 O. R. S. 1887, c. 11, s. 1. Q. 44 & 45 Vic. c. 7. N. B. Con. Stat. 1877, c. 4, s. 80. N. S. Rev. Stat. 1884, c. 3, s. 10. B. C. Con. Stat. 1877, c. 42, 8. 44. 33 Vic. c. 3. P. E. I. 19 Vic. c. 21, s. 86. 2 R. S. C. s. 25. 3 Repealed by the 50 & 51 Vic. (i) c. 59. 4 s. 86. 5 O. R. S. 1887, c. 12, s. 86. 33 Vic. c. 3. B. C. Con. Stat. 1877, c. 42, lumbia a statute professes to be enacted by "Her Majesty by and with the advice of the Legislature." In Nova Scotia, New Brunswick, and Prince Edward's Island the form is by the "Lieutenant-Governor, the Council and Assembly." In the North West Territories ordinances are enacted by the "Lieutenant-Governor by and with the advice and consent of his Council1." 8. Payment of Members. of Mem Members of the Legislatures of every province except Payment Nova Scotia receive an allowance or indemnity in addition bers. to a payment for travelling expenses. allowed. In Ontario, if the session does not exceed 30 days, the Sum allowance is $6 for each day on which the member attends: if the session extends beyond 30 days then the member receives such sum as the Assembly may vote. In Quebec and British Columbia the allowance for a session not exceeding 30 days is $6 a day, and for a session exceeding 30 days a sessional allowance of $600 in Quebec and $400 in British Columbia. allowance. In Manitoba and New Brunswick the plan of a sessional Sessional allowance has also been adopted; the former allows $400 and the latter $300 per session. A deduction is made from the sessional allowance for each Nonallowance. day a member is absent. Such deduction amounts to $4 in Ontario, $6 in Quebec and British Columbia, and $8 in Manitoba. In New Brunswick the deduction is pro rata. No deduction however is made on account of absence due Illness. to illness, provided the member is at the place where the Legislature meets in the Provinces of Quebec and New Brunswick or within a certain distance of the place of meeting in the Provinces of Ontario, British Columbia (10 miles) and Manitoba (3 miles). 1 See Todd's Parl. Gov. p. 330, where it is suggested that all provincial laws should be enacted in the name of the sovereign. Allowance for part of a session. When a member serves for part of a session only and is not entitled to a sessional allowance he is usually paid $4 or $6 a day during the time he is actually a member. vote. In Prince Edward's Island payment depends on an annual Each member receives $160 and an allowance of $12 for stationery and postage together with his travelling expenses. Travelling The usual allowance for travelling expenses is 10 cents expenses. per mile, but in British Columbia it is 25 cents. The mile How is made. age allowed is the distance measured along the nearest mail route as certified by the Speaker between the place of residence of the member and the place where the Legislature meets. In some provinces a member may draw his allowance up to $4 a day from time to time, but the usual time for payment is at the end of the session, when the members file with the Clerk declarations of the number of days they have attended and the sums to which they are entitled for mileage'. 1 O. R. S. 1887, c. 11, ss. 62-70. Q. 49 & 50 Vic. c. 97, ss. 70–74; N. B. 42 Vic. c. 3. Man. Con. Stat. c. 4, ss. 8-22. B. C. Con. Stat. 1877, c. 42, ss. 63-68. |