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The House could begin garnisheeing MPs’ salaries to collect the outstanding amounts.

In the Federal Court application, the NDP MPs argue that the board’s decision was “unreasonable, arbitrary and incorrect,” the result of political bias and made in bad faith.

The board, made up of Conservative, NDP and Liberal MPs, reached its finding in private meetings without hearing from the MPs affected, contrary to the principles of natural justice, the NDP MPs allege.

“There is no legal basis for this decision in Canadian law or in parliamentary rules,” the application says.

“The decision is illegal since members of Parliament are entitled, by law to exercise their parliamentary functions ‘wherever’ and in so doing, are entitled to make use of parliamentary resources to accomplish parliamentary functions.”

The board’s decision is “absurd,” the MPs further allege, because new technologies allow people to work from anywhere.

Typically, MPs can use taxpayer money to pay staff only in their parliamentary offices or in their constituency offices in their ridings. But beginning in November 2011, the party began putting House of Commons-paid staff in space rented by the party in downtown Montreal and Quebec City.

The party maintains that these staff worked only for the Quebec MPs and were not involved in political operations, such as election organizing or fundraising.

The NDP is also facing a $1.3-million bill for the costs of mailings to constituents that the board last year determined were partisan in nature and a violation of the rules.

The party had previously filed a Federal Court challenge over a board decision finding satellite offices breached the MP bylaws.

But that case, along with another over a board decision on the mailings, was suspended to allow the parties to attempt to settle the matters out of court. Those negotiations failed. It is unclear if the party intends to renew those applications.

Federal Court rules required the MPs to bring a new application over the board’s February decision.

gmcgregor@ottawacitizen.com

Twitter.com/glen_mcgregor