If the Member intends to resign their seat at a future date:
- The Member provides working termination notice to their staff.
- The Member provides a lease termination notice to the landlord of their constituency office (a template is available on the Constituency Office Portal).
- The Member provides a lease termination notice to the landlord of their Victoria accommodation, if applicable.
Once the Member’s resignation takes effect:
- The Member undertakes the three steps above, if not already done.
- The Member may no longer refer to themselves as a Member of the Legislative Assembly and cannot provide constituency support in the capacity of a Member.
- The constituency office must be prepared for closure, and an inventory of constituency office assets must be conducted and submitted to Financial Services.
- Constituency office expenses are limited to unavoidable costs, such as any remaining staffing costs, lease costs, utilities, and costs related to office closure. All discretionary constituency office spending must cease.
- The Member’s travel card is cancelled.
- In-constituency travel costs cannot be incurred.
Pursuant to section 33 (4) of the provincial Constitution Act (R.S.B.C. 1996, c. 66), a Member ceases to be a Member of the Legislative Assembly at the time they make a declaration of their resignation in the Legislative Assembly or delivers their written resignation to the Speaker of the Legislative Assembly.
The date of the Member’s resignation is the last day for which they will receive basic compensation as set out under the Members’ Remuneration and Pensions Act (R.S.B.C. 1996, c. 257).
The Member’s extended health and dental benefits cease on the date the resignation takes effect, and group life insurance ceases on the last day of the month in which the final pay is received.
Members’ Transitional Assistance
A Member must complete their term of office (the life of a Parliament) in order to qualify for Transitional Assistance, including the Retraining Allowance. Therefore, Transitional Assistance and the Retraining Allowance are not available to a Member who resigns their seat during the life of a Parliament.
Members’ Pension Plan
Participation in the Members’ Pension Plan is mandatory for all Members under the age of 71. All contributions are held and administered by the B.C. Pension Corporation on behalf of Members and the Legislative Assembly.
The Member should contact the B.C. Pension Corporation directly at MLAPP@pensionsbc.ca to review their pension status and for further information on the Member’s Pension Plan and post-retirement benefits.
Human Resource Operations – Payroll Services
B.C. Pension Corporation
250-953-3033 (Victoria) or toll-free 1-800-665-3554
Capital City Living Allowance
The Member is eligible to have the Capital City Living Allowance paid for one full month after which their resignation takes effect. If the Member rents accommodation in the Victoria area, they must provide their landlord sufficient lease termination notice to avoid any additional expense, which will be the Member’s personal liability.
If the Member makes their intention to resign on a future date known to the Legislative Assembly Administration, the time calculation set out above, particularly if the Member rents accommodation in the Victoria area, should be adjusted accordingly to terminate the lease in the month in which the Member’s resignation takes effect.
Members’ Travel Expense Allowance
The Members’ travel expense allowance is paid on a quarterly basis. Amounts issued in the quarter in which the Member’s resignation takes effect will be recovered on a pro-rated calculation.
Constituency Office Allowance
The constituency office allowance will be paid for one full month after which the resignation of the Member takes effect.
The Member will not be reimbursed for Member-related travel costs effective the day after the date on which their resignation takes effect. However, the Member is eligible to be reimbursed for one final return trip between Victoria and their constituency to clean out their Victoria office and/or accommodation. This trip should occur within one month of the Member’s resignation.
Member’s Travel Card
The BMO Corporate Travel MasterCard will be deactivated on the date on which the Member’s resignation takes effect. The Member must pay off all balances and destroy their travel card.
Member’s Private Legislative Assembly Email Account
The Member will continue to have access to their private Legislative Assembly email account for administrative and wind-down purposes. The Information Technology Department will close the Member’s private email account supported by the Legislative Assembly to coincide with their constituency office closure date.
Prior to the disabling of Legislative Assembly network account access, Members should review the information stored in email and ensure that it is retained or disposed of in accordance with the guidelines in this Guide for disposing of Members’ records. Emails may be deleted, transferred to another account, transferred to the archives (subject to an agreement with the Legislative Library), or stored for a specified period of time and then deleted or transferred to the archives. To request the deletion or transfer of email data, please complete an Account Deletion Request Form available on the Constituency Office Portal.
Mobile Communication Devices and iPads
The Member has the option of keeping their Legislative Assembly-issued iPad and/or smartphone and moving the device to a personal contract. The Member must notify the Information Technology Service Desk at ServiceDesk@leg.bc.ca or 778-401-6323 of their intention to do so before making any arrangements with the contract supplier. The Member will also have the option to transfer their mobile phone number to a personal device.
If the Member wishes to return their Legislative Assembly-issued iPad and/or smartphone, they should return the device(s) along with their computer equipment to their constituency office. The Legislative Assembly’s external service provider will sanitize, inventory and ready equipment for shipment back to the Information Technology Department (ITD). ITD will provide instructions on resetting mobile devices and wiping data prior to drop off. The same applies for the Member’s constituency office staff and devices issued to them.
Upon request, the Information Technology Service Desk (ServiceDesk@leg.bc.ca or 778-401-6323) will work with the Member remotely to copy personal information (i.e., contact information, photos) to a personal cloud storage account where possible (e.g., Apple iCloud or Google Docs). For personal information stored on PCs or Macs, ITD will assist in moving data to cloud storage or offload the data to a removable hard drive. ITD is available to provide recommendations on removable drives; however, the Member is responsible for purchasing the device.
The Member should ensure that any information stored on Legislative Assembly-issued devices is reviewed and deleted, consistent with the guidelines in this Guide for disposing of Members’ records.
Services on the Legislative Precinct
The Member must settle their accounts with the Parliamentary Dining Room and the Parliamentary Gift Shop. All Legislative Library books and other material must be returned.
Parking on the Legislative Precinct
If the Member opted into an assigned parking spot on the Legislative Precinct, they will no longer have access to it effective the date of their resignation.
Where possible, the Member should provide their Constituency Assistants with written notice that their employment will be ending. The last day of pay must be no later than the last day of the month of the month following which the Member’s resignation takes effect (e.g., if the resignation takes effect in March, the last day of pay must be no later than April 30). Note: this does not apply to a Member who is part of the Government Caucus, where Constituency Assistants are covered by a collective agreement; the Member should consult the Executive Director of the Government Caucus to ensure that proper steps are taken.
A template notice is available to Members by contacting email@example.com. Payroll must also be notified in writing (a copy of the letter to the Constituency Assistant should be provided). Extended health and dental benefits cease on the last day of pay, and group life insurance ceases on the last day of the month in which the final pay is received.
If the Member does not provide sufficient notice, they may be required to pay severance in accordance with employment standards, employment contracts, or collective agreements (where applicable). All severance payments must be funded from the Member’s available constituency office allowance funds.
It is important for Members to provide copies of the appropriate letters to Payroll in a timely manner to ensure that pay adjustments are made prior to termination of employment. Termination letters must be sent to PayrollOffice@leg.bc.ca.
If the Member wishes to obtain legal advice regarding the notice requirement, they may consult Suzie Seo, Law Clerk and Parliamentary Counsel, at Suzie.Seo@leg.bc.ca.
Severance and Transition Allowance
Most Constituency Assistants will not be eligible for severance given contractual or collective agreement provisions. Human Resources is available to assist Members in determining the Transition and Closing of Constituency and Legislative Offices Transition Guide for Members of the Legislative Assembly Who Resign During the 42nd Parliament Page 10 of 18 appropriate level of severance payment for their staff (contact HR.MemberServices@leg.bc.ca to request assistance). All severance payments must be funded from the Member’s available constituency office allowance funds.
A centrally-funded Constituency Assistant Transition Allowance may be available to a Constituency Assistant, depending on their years of service. The Constituency Assistant Transition Allowance Administrative Guidelines, FAQs, and the initiation form are available on the Constituency Office Portal.
If the Member wishes to obtain legal advice regarding the obligation to pay severance to their Constituency Assistants, they may consult Suzie Seo, Law Clerk and Parliamentary Counsel, at Suzie.Seo@leg.bc.ca.
Payments to Staff
Reminder: all salary-related payments to staff must be made through Payroll to ensure that appropriate deductions for income tax, CPP, and employment insurance are made, and to ensure proper reporting and remitting to the Canada Revenue Agency. All payments must be funded from the Member’s available constituency office allowance funds.
Any questions related to payments to staff should be referred to Payroll Services. Information regarding potential tax implications of any payment is also available on the Canada Revenue Agency’s website by clicking here.
Employment by the Member’s Successor
No guarantee of continued employment can be given to constituency office staff, as the Member’s successor will be responsible for hiring their own staff.
Human Resources – Member Services
Suzie Seo, Law Clerk and Parliamentary Counsel
The Member has until the end of the month following which their resignation takes effect to close their constituency office (e.g., if the resignation takes effect in March, the office must be closed by April 30).
Once the date of their constituency office closure is confirmed, the Member is asked to communicate this information, along with information on the last date on which the Member or their staff anticipate being present at the office, to:
Constituency Office Lease
Constituency office leases are between a Member and the landlord; therefore, it is important for the Member to review the terms of their lease agreement with respect to the termination provisions. The Member must notify their landlord in writing as soon as possible that they will be terminating the lease and provide the date.
Constituency Office Signage
The Member is responsible for the removal of all constituency office signage. Any costs related to signage removal are to be paid for using the Member’s available constituency office allowance funds.
Termination of Contracts and Services
The Member should terminate all contracts and services for their constituency office and arrange final billing and payment before their office closure date; or for services up to closing date, arrange for the final billing to be sent to Financial Services for payment. Services paid by the constituency office may include newspaper and other subscriptions, janitorial, security alarm monitoring, bottled water delivery, utilities (not included in the lease), additional mobile communication device contracts, and television services (cable, TELUS, or satellite).
Internet Service Cancellation
The Information Technology Department (ITD) will facilitate the cancellation of Internet service for the constituency office. Internet service will be cancelled effective the date of the constituency office closure. Constituency offices are responsible for the return of the modems to service providers as per direction provided by ITD staff.
The Member should notify WorkSafeBC of their change in status as an employer and arrange for Financial Services to make the final payroll assessment payment. The WorkSafeBC Employer Service Centre can be contacted Monday to Friday, 8:30 a.m. to 4:30 p.m., at 604-244-6181 (Lower Mainland) or 1-888-922-2768 (toll-free). Payment will be made using the Member’s available constituency office allowance funds.
Constituency Office Assets
(Excluding computer and telephone/fax equipment)
The Member must make a complete list of the inventory of constituency office assets such as furniture and equipment as soon as possible. This inventory list should be sent to Financial Services at COexpenses@leg.bc.ca. The Constituency Office Assets Inventory Form is available on the Constituency Office Portal.
Over time, constituency office furniture may have deteriorated to the extent that there is no residual value. Please direct any questions on the disposal of assets to Financial Services at the email address above or 250-356-8586.
Disposal can proceed as follows:
- Non-computer assets may be advertised for local sale in an arm’s length transaction. The Member, the Member’s relatives, constituency office staff, and the relatives of constituency office staff, are not eligible to purchase these assets.
- Sale proceeds are to be forwarded to Financial Services by a cheque made out to “Legislative Assembly of British Columbia”. Particulars of assets sold, and the amounts received, should be forwarded to Financial Services on the constituency office assets inventory listing (available on the Constituency Office Portal).
- Unsold assets may be donated locally to a registered charity, not-for-profit organization, or a school.
- Any disposal costs incurred must be paid for using the Member’s available constituency office allowance funds.
Constituency Office Computer Equipment
All computer equipment and related devices (peripheral equipment and storage devices) must be returned to the constituency office. The Information Technology Department will arrange for shipment of all equipment from the constituency office to the Legislative Precinct. The Member should contact the Information Technology Service Desk at ServiceDesk@leg.bc.ca or 778-401-6323 to obtain assistance in facilitating the return of Assembly equipment and devices.
For security purposes, all hard drives will be cleared of data prior to disposal. The Information Technology Department will coordinate the secure delivery of all returned equipment and will follow established disposal and destruction security protocols.
Xerox Multi-Function Printer/Scanner/Copier/Fax
Xerox, the company who oversees provision of multi-function devices to the Legislative Assembly, will assign their staff to contact the constituency office to arrange the return of leased equipment as required.
Stand-Alone Printer and Fax Machines
Any stand-alone printer or fax machines (other than Xerox machines, noted above), as well as the original owner’s manual and any unopened ink or toner cartridges, should be left at the constituency office. The Information Technology Department will coordinate with an external service provider for the erasure and shipment of equipment to the Legislative Precinct.
The Information Technology Department will make arrangements for the removal and transportation of telephone equipment. Phone lines will be cancelled effective the date of the constituency office closure.
Constituency Office Records
Financial records have a retention period of seven years. Financial records should be appropriately labeled, boxed for storage, and shipped to Financial Services at the address noted below. Any questions regarding financial records should be referred to Financial Services.
Financial records include the following (where applicable):
- A full print out of the general ledger from the date the constituency office opened until it was closed.
- A financial system back-up or spreadsheet copies on a flash drive with a label identifying the type of computer accounting system used (e.g., Sage, Excel spreadsheet, QuickBooks, etc.).
- The box with the accounting software CD, manual and license ID, along with a notation of all user IDs and passwords.
- All bank statements, cancelled cheques, supplier invoices, bank reconciliations.
- Expense claims for in-constituency travel.
- Contracts and agreements.
- If a manual system was being maintained, please include all other manual journals (e.g., cash disbursements) and reports (e.g., trial balance).
Financial records should be clearly labelled and shipped to:
Legislative Assembly of British Columbia
614 Government Street
Victoria, B.C. V8V 1X4
It is the Member’s responsibility to ensure the privacy and protection of all sensitive information. Correspondence that is active or relates to unresolved issues for a constituent should be segregated. It is recommended that the Member send a letter to all constituents with active files informing them of their resignation and the closure of their office. Constituents should be given the following options:
- To have the file sent to them.
- To have the file destroyed.
- To have the file sent to storage without further action or resolution.
Inactive correspondence files have a five-year retention period, and should be boxed separately from financial records and labeled appropriately, and can be transferred to the Legislative Library by signing a transfer agreement. Please refer to this FAQ document on how to transfer inactive records to the Legislative Library.
Members are required to arrange for four months of mail forwarding with Canada Post. The fee for this service is to be paid for out of the Member’s available constituency office allowance funds. After the office closes, all mail should be forwarded to the following address:
Legislative Assembly of British Columbia
614 Government Street
Victoria, B.C. V8V 1X4
Information Technology Service Desk
In consultation with their caucus (if the Member belongs to a caucus), legislative offices should be closed as soon as possible, but the deadline to do so is one month after the date on which the Member’s resignation takes effect. Any questions regarding the closure of a legislative office should be referred to Legislative Facility Services (coordinates below).
Legislative Office Assets
All furnishings, computers, and office equipment are the property of the Legislative Assembly and should remain in place. Members’ personal effects should be collected as soon as possible, but no later than one month after the date on which the Member’s resignation takes effect.
Surjit Dhanota, Manager, Facility Services
Records from Members’ constituency and legislative offices are to be segregated (financial separated from correspondence and other non-financial records), boxed, and labeled.
Financial records are to be forwarded to Financial Services where they will be securely stored together with the constituency office records (see “Constituency Office Records” above). Financial Services will make arrangements for the storage of financial records and the eventual destruction after seven years.
Non‐financial inactive records may be transferred to the Legislative Library for inclusion in the MLA Paper Archives. To preserve the legacy of MLAs, the Legislative Library will accept all non-financial records from a Member, including personal, political, and non‐financial constituency records. All records will be held for five years, before becoming part of the Library’s collection. Selected records will be added to the Library’s permanent archive of MLA papers, subject to agreement between the Member and the Legislative Library. Assistance with the transfer of non‐financial records prior to the Member’s constituency office closure should be referred to the Legislative Library.
The Digital Information Office (DIO) can advise and support Members, constituency offices and caucuses on the day-to-day management of information and is available to support Members and staff in developing effective practices when creating, receiving, organizing, securing, retrieving, transmitting, storing and disposing of electronic and physical records. The DIO also provides advice on the protection of privacy, confidentiality, and vital records.
Digital Information Office
The Information Technology Department supports Members and their staff with data management and computer equipment disposal in legislative and constituency offices.
Prior to the disabling of Legislative Assembly network account access, the Member and their staff should review the information stored in their MS Teams or OneDrive account and ensure that it is retained or disposed of in accordance with the guidelines in this Guide for disposing of the Member’s records. MS Teams/OneDrive documents may then be deleted, transferred to another account, transferred to the archives (subject to an agreement with the Legislative Library), or stored for a specified period of time, and then deleted or transferred to the archives. To request the deletion or transfer of MS Teams data, please complete an Account Deletion Request Form available on the Constituency Office Portal.
The Member may have information that is stored outside of the infrastructure maintained by the Information Technology Department. The Member should ensure that any information stored with cloud services (e.g., Dropbox, Google Drive, etc.) is reviewed and retained or disposed of in accordance with guidelines in this Guide for disposing of the Member’s records.
Data Backup and Storage
The Information Technology Department uses a combination of daily, weekly, and monthly data backups to ensure that lost data can be restored, if required. As a result, notwithstanding computer hard drive destruction and equipment disposal, email and data information for Members who have resigned and their staff will be retained on backup storage files in accordance with the applicable policy.
End of life PC or Mac hard drives are removed and shredded, to destroy any data. Equipment being re-deployed will receive a low-level format of the hard drive in accordance with best practices for the destruction of data. Email and files stored on network drives are retained in accordance with the data backup policy outlined above. At the request of the Member, the email and data files of their staff can be transferred to another user if required.
Items that ought to be returned by the Member include:
- Office keys, access cards and fobs (including to the Parliament Buildings).
- Calling cards for phone or mobile communication devices, including prepaid long distance calling cards (with user ID and password).
- iPads and mobile communication devices (where the Member has opted to return the devices).
- PCs, Macs, and computer peripheral devices, including monitors, keyboards, mice, cameras, and docking stations.
- Prepaid tickets or passes, such as B.C. Ferries assured loading (with user ID and password), Helijet, Harbour Air, transit, etc.
- Library books and other material (former Members can receive a library card and have use of the Legislative Library, including signing material out, and mail out of materials).
A checklist has been provided for Members and staff to use to ensure that all required activities are completed. Please see Constituency Office Checklist.