163 Suspension if Assembly not sitting

(1) If the Assembly is not sitting, the Governor in Council may suspend a commissioner from office.

(2) The Governor in Council may suspend the commissioner only if—

(a) the Premier has given the commissioner a statement setting out the reasons for the suspension; and

(b) the Premier has considered any response by the commissioner to the statement.

(3) The Premier must table the statement and any written response by the commissioner in the Assembly within 3 sitting days after the day the suspension begins.

(4) The suspension stops having effect—

(a) at the end of 6 sitting days after the day the suspension begins; or

(b) if the commissioner is earlier suspended or removed from office on an address from the Assembly—at the earlier time.

(5) If the suspension stops having effect under subsection (4)(a), the commissioner is entitled to be paid salary and allowances for the period of the suspension.

(6) Except as provided in subsection (5), the commissioner is entitled to be paid salary and allowances for the period of the suspension only if—

(a) the Assembly resolves that salary and allowances be paid for the period; or

(b) the Assembly does not pass a resolution under paragraph (a) and the Governor in Council approves the payment of salary and allowances for the period.