Bill 24, Legislative Assembly Amendment Act, 2013

Bill 24 2013

An Act to amend the Legislative Assembly Act with respect to prorogation

Note: This Act amends the Legislative Assembly Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at 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.  Section 5 of the Legislative Assembly Act is amended by adding the following subsections:

Prohibition, Premier's advice to prorogue

   (2)  The Premier shall not advise the Lieutenant Governor to prorogue the Legislature unless the Assembly has adopted a resolution in support of the prorogation and the resolution includes a recommendation with respect to the approximate date on which the next session of the Legislature should begin.

Return of Legislature after prorogation

   (3)  If the Premier advises the Lieutenant Governor to prorogue the Legislature, the Premier shall also advise the Lieutenant Governor to summon the Legislature in accordance with the recommendation of the Assembly under subsection (2).

Same, announcement

   (4)  After the Lieutenant Governor determines the date on which the next session of the Legislature shall begin, the Premier shall promptly and publicly announce that date.

Powers of Lieutenant Governor

   (5)  Nothing in subsection (2), (3) or (4) alters or abridges the powers of the Crown, including the power to prorogue, dissolve or summon the Legislature.

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, 2013.

EXPLANATORY NOTE

The Bill amends the Legislative Assembly Act as follows:

    1.   The Premier is prohibited from advising the Lieutenant Governor to prorogue the Legislature unless the Assembly has adopted a resolution in support of the prorogation.

    2.   If the Lieutenant Governor prorogues the Legislature, the Premier is required to advise the Lieutenant Governor to call it back within the time frame set out in the Assembly's resolution, and to announce the return date promptly and publicly.

    3.   The powers of the Crown to prorogue, dissolve or summon the Legislature are preserved.