Bill 144 2006

An Act to amend the Legislative Assembly Act respecting severance for members who resign

Note: This Act amends the Legislative Assembly Act. For the legislative history of the Act, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1.  Subsection 69 (2) of the Legislative Assembly Act is repealed and the following substituted:

Severance on resignation because of illness

(2)  A member of the Assembly who resigns his or her seat because he or she is incapable of carrying out his or her duties because of an illness, disability or another similar reason shall be paid a severance allowance equal to one-twelfth of his or her annual salary at the rate in force on the day he or she ceases to be a member, for each year of service.

No severance on resignation for other reasons

(2.1)  A member of the Assembly who resigns his or her seat for a reason other than one described in subsection (2) is not entitled to be paid a severance allowance.

Burden of proof

(2.2)  The burden of proving an entitlement to severance under subsection (2) is on the member claiming it.

Commencement

2.  This Act comes into force on the day it receives Royal Assent.

Short title

3.  The short title of this Act is the Legislative Assembly Amendment Act, 2006.

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EXPLANATORY NOTE

The Bill repeals and replaces subsection 69 (2) of the Legislative Assembly Act with new provisions specifying that a member is only entitled to a severance allowance on resignation if he or she is incapable of carrying out his or her duties. The burden of proving that he or she meets the entitlement to severance rests with the member.