Parliament of Canada Act (R.S.C., 1985, c. P-1)

Act current to 2016-06-21 and last amended on 2015-10-27. Previous Versions

Marginal note:Annual report
  •  (1) The Senate Ethics Officer shall, within three months after the end of each fiscal year, submit a report on his or her activities under section 20.5 for that year to the Speaker of the Senate, who shall table the report in the Senate.

  • Marginal note:Confidentiality

    (2) The Senate Ethics Officer may not include in the annual report any information that he or she is required to keep confidential.

  • 2004, c. 7, s. 2.

PART IIIHouse of Commons

DIVISION AEligibility, Resignation and Vacancies

Simultaneous Candidacies

Marginal note:Nomination for one electoral district only

 No person shall be nominated and consent to be nominated so as to be a candidate for election as a member of the House of Commons for more than one electoral district at the same time and, if any person is nominated contrary to this section and consents thereto, all the nominations are void.

  • R.S., c. H-9, s. 14.

Members of Provincial Legislature

Marginal note:Ineligibility of member of provincial legislature
  •  (1) No person who, on the day of the nomination at any election to the House of Commons, is a member of the legislature of any province is eligible to be a member of the House of Commons or is capable of being nominated or voted for at that election or of being elected to, or of sitting or voting in, the House of Commons.

  • Marginal note:Election void

    (2) If any person declared ineligible by subsection (1) is elected and returned as a member of the House of Commons, the election of that person is void.

  • R.S., c. H-9, s. 2.
Marginal note:Member elected to provincial legislature
  •  (1) If any member of the House of Commons is elected and returned to the legislature of any province and accepts the seat, that member’s election as a member of the House of Commons thereupon becomes void, the seat of that member is vacated and a writ shall issue forthwith for the election of a member to fill the vacancy.

  • Marginal note:If elected or appointed without knowledge

    (2) A member of the House of Commons elected to the legislature of any province without the member’s knowledge or consent shall continue to hold a seat in the House of Commons, as if no such election had been made, if the member, without taking a seat in that legislature and within ten days after being notified of the election thereto or, in the event of the member’s absence from the province at the time, within ten days after arriving within the province, resigns the seat in that legislature and notifies the Speaker of the House of Commons of the resignation.

  • R.S., c. H-9, ss. 3, 4.
Marginal note:Penalty for person ineligible sitting or voting
  •  (1) Any person who is, by this Division, declared ineligible to be a member of the House of Commons or incapable of sitting or voting therein and who nevertheless sits or votes in the House shall forfeit the sum of two thousand dollars for each day on which the person so sits or votes.

  • Marginal note:Recovery of penalty

    (2) A sum forfeited under subsection (1) may be recovered by any person who sues for it, by action in any form allowed by law in the province in which the action is brought, in any court having jurisdiction.

  • R.S., c. H-9, s. 5.

Resignation of Members

Marginal note:Resignation in House or by declaration to Speaker
  •  (1) Any person holding a seat in the House of Commons may resign the seat

    • (a) by giving, in that person’s place in the House, notice of intention to resign, in which case the Speaker of the House shall, immediately after entry of that notice by the Clerk of the House on the journals thereof, address a warrant under the hand and seal of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of that person; or

    • (b) by addressing and causing to be delivered to the Speaker of the House, either during a session of Parliament or in the interval between two sessions thereof, a declaration of intention to resign made in writing under the hand and seal of that person before two witnesses, in which case the Speaker shall, on receiving the declaration, forthwith address a warrant under the hand and seal of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of that person.

  • Marginal note:Entry in journals

    (2) An entry of the declaration delivered under paragraph (1)(b) shall be thereafter made in the journals of the House of Commons.

  • R.S., c. H-9, s. 6.
Marginal note:Proceedings where Speaker absent
  •  (1) If any person holding a seat in the House of Commons wishes to resign the seat in the interval between two sessions of Parliament and if there is then no Speaker of the House, the Speaker is absent from Canada or that person is the Speaker, the person may address and cause to be delivered to any two members of the House a declaration of intention to resign described in section 25.

  • Marginal note:Warrant for election writ

    (2) On receiving the declaration pursuant to subsection (1), the two members shall forthwith address their warrant, under their hands and seals, to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of the person making that declaration.

  • R.S., c. H-9, s. 7.
Marginal note:Effect of resignation
  •  (1) Any person holding a seat in the House of Commons who tenders a resignation of the seat in any manner provided in section 25 or 26 is deemed to have vacated the seat and ceases to be a member of the House.

  • Marginal note:When member not to resign

    (2) A person holding a seat in the House of Commons shall not tender a resignation of the seat while the election of that person as a member of the House is lawfully contested or until after the expiration of the time during which the election may by law be contested on grounds other than corruption or bribery.

  • R.S., c. H-9, ss. 8, 9.

Vacancies

Marginal note:Vacancy in House of Commons
  •  (1) If a vacancy occurs in the House of Commons by reason of the death of a member of the House or the acceptance of an office by a member of the House, or as a result of the contestation of the election of a member of the House under Part 20 of the Canada Elections Act, the Speaker of the House shall, without delay, on being informed of the vacancy by any member of the House in the member’s place or by written notice signed by any two members of the House, or on receipt of the final decision on the contestation of the election, address a warrant of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy.

  • Marginal note:Proceedings where Speaker absent

    (2) If, when a vacancy occurs as described in subsection (1), or at any time thereafter, before the warrant of the Speaker for a writ has issued, there is no Speaker of the House, the Speaker is absent from Canada or the member whose seat is vacated is the Speaker, any two members of the House may address their warrant, under their hands and seals, to the Chief Electoral Officer for the issue of a writ for the election of a member to fill that vacancy.

  • R.S., 1985, c. P-1, s. 28;
  • 2000, c. 9, s. 561.
Marginal note:Vacancy before Parliament meets after a general election
  •  (1) A warrant may issue to the Chief Electoral Officer for the issue of a writ for the election of a member of the House of Commons to fill any vacancy that, after a general election and before the first session of Parliament thereafter, occurs by reason of the death of, or the acceptance of an office by, any member of the House.

  • Marginal note:Deemed vacancy

    (1.1) A warrant may be issued to the Chief Electoral Officer for the issue of a writ for the election of a member of the House of Commons to fill any vacancy that is deemed to occur where a report sent under paragraph 318(a) of the Canada Elections Act is received stating that no candidate was declared elected in the electoral district because of the equality of votes.

  • Marginal note:Deemed by-election

    (1.2) An election held in the circumstances set out in subsection (1.1) is deemed to be a by-election.

  • Marginal note:When writ may be issued

    (2) A writ may be issued

    • (a) in the case of a writ referred to in subsection (1), at any time after the death or acceptance of office by a member; and

    • (b) in the case of a writ referred to in subsection (1.1), at any time after the receipt of the report referred to in that subsection.

  • R.S., 1985, c. P-1, s. 29;
  • 2000, c. 9, s. 562.
Marginal note:Effect of election
  •  (1) The election to be held under a writ issued pursuant to section 29 does not in any manner affect the rights of any person entitled to contest the election (in this section referred to as the “previous election”), at the general election referred to in subsection 29(1), of the member by reason of whose death or acceptance of office the vacancy occurs.

  • (2) and (3) [Repealed, 2000, c. 9, s. 563]

  • R.S., 1985, c. P-1, s. 30;
  • 2000, c. 9, s. 563.
 
Date modified: