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

Act current to 2022-07-25 and last amended on 2019-12-18. Previous Versions

PART IIIHouse of Commons (continued)

DIVISION AEligibility, Resignation and Vacancies (continued)

Resignation of Members (continued)

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

Marginal note:Issuance of election writ

  •  (1) Where a vacancy occurs in the House of Commons, a writ shall be issued between the 11th day and the 180th day after the receipt by the Chief Electoral Officer of the warrant for the issue of a writ for the election of a member of the House.

  • Marginal note:Exception

    (1.1) Despite subsection (1), no writ for the election of a member of the House shall be issued if the vacancy occurs in the House of Commons less than nine months before the date fixed under subsection 56.1(2) of the Canada Elections Act for the holding of a general election.

  • Marginal note:Exception

    (2) This section does not apply where the vacancy in respect of which the warrant has issued occurs within six months of the expiration of the time limited for the duration of the House of Commons.

  • Marginal note:Dissolution after issue of writ

    (3) If Parliament is dissolved after the issue of a writ in accordance with this section, the writ shall thereupon be deemed to have been superseded and withdrawn.

DIVISION BConflict of Interest

Marginal note:Ineligibility

  •  (1) Except as specially provided in this Division,

    • (a) no person accepting or holding any office, commission or employment, permanent or temporary, in the service of the Government of Canada, at the nomination of the Crown or at the nomination of any of the officers of the Government of Canada, to which any salary, fee, wages, allowance, emolument or profit of any kind is attached, and

    • (b) no sheriff, registrar of deeds, clerk of the peace or county crown attorney in any of the provinces,

    is eligible to be a member of the House of Commons or shall sit or vote therein.

  • Marginal note:Exception

    (2) Nothing in subsection (1) renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any person described in paragraph (a) of that subsection, if it is, by the commission or other instrument of appointment of the person, declared or provided that the person shall hold his office, commission or employment without any salary, fee, wages, allowance, emolument or other profit of any kind attached thereto.

  • R.S., c. S-8, ss. 10, 11

Marginal note:Persons exempt from ineligibility

  •  (1) Nothing in this Division renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any person by reason only that the person

    • (a) is a member of Her Majesty’s forces who is on active service as a consequence of war;

    • (b) is a member of the reserve force of the Canadian Forces who is not on full-time service other than active service as a consequence of war; or

    • (c) accepts the payment out of public moneys of Canada of travel expenses incurred while on the public business of Canada if the trip was authorized by the Governor in Council, whether the authorization was given before or after the trip.

  • Marginal note:Idem, members of Privy Council

    (2) Nothing in this Division renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any member of the Queen’s Privy Council for Canada by reason only that the member

    • (a) holds an office for which a salary is provided in section 4.1 of the Salaries Act and receives that salary, or

    • (b) is a Minister of State, other than a Minister of State referred to in section 5 of the Salaries Act, or a Minister without Portfolio and receives a salary in respect of that position,

    if the member is elected while holding that office or position or is, at the date when nominated by the Crown for that office or position, a member of the House of Commons.

  • Marginal note:Idem, Parliamentary Secretaries

    (3) Notwithstanding anything in this Division, a person is not rendered ineligible to be a member of the House of Commons, or disqualified from sitting or voting therein, by reason only that the person accepts or holds the office of Parliamentary Secretary or receives any payment under section 61 or regulations made pursuant to section 66.

  • Marginal note:National Security and Intelligence Committee of Parliamentarians

    (3.1) Despite anything in this Division, a person is not rendered ineligible to be a member of the House of Commons, or disqualified from sitting or voting in that House, by reason only that the person is a member of the National Security and Intelligence Committee of Parliamentarians.

  • Marginal note:Office of profit

    (4) Notwithstanding anything in this Division, the seat of a member of the House of Commons shall not be vacated by reason only of the acceptance by the member of an office of profit under the Crown if that office is an office the holder of which is capable of being elected to, or sitting or voting in, the House.

  • R.S., 1985, c. P-1, s. 33
  • R.S., 1985, c. 1 (4th Supp.), s. 29
  • 2005, c. 16, s. 1
  • 2017, c. 15, s. 42

 [Repealed, 2004, c. 7, s. 3]

Marginal note:Disqualification

 If any member of the House of Commons accepts any office or commission that, by virtue of this Division, renders a person incapable of being elected to, or of sitting or voting in, the House of Commons, the seat of the member is vacated and the member’s election becomes void.

  • R.S., 1985, c. P-1, s. 35
  • 2004, c. 7, s. 3

 [Repealed, 2004, c. 7, s. 3]

 [Repealed, 2004, c. 7, s. 3]

 [Repealed, 2004, c. 7, s. 3]

 [Repealed, 2004, c. 7, s. 3]

 [Repealed, 2004, c. 7, s. 3]

Marginal note:Receiving prohibited compensation

  •  (1) No member of the House of Commons shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered to any person, either by the member or another person,

    • (a) in relation to any bill, proceeding, contract, claim, controversy, charge, accusation, arrest or other matter before the Senate or the House of Commons or a committee of either House; or

    • (b) for the purpose of influencing or attempting to influence any member of either House.

  • Marginal note:Offence and punishment

    (2) Every member of the House of Commons who contravenes subsection (1) is guilty of an offence and liable to a fine of not less than five hundred dollars and not more than two thousand dollars and shall, for five years after conviction of that offence, be disqualified from being a member of the House of Commons and from holding any office in the federal public administration.

  • Marginal note:Offering prohibited compensation

    (3) Every person who gives, offers or promises to any member of the House of Commons any compensation for services described in subsection (1), rendered or to be rendered, is guilty of an indictable offence and liable to imprisonment for a term not exceeding one year and to a fine of not less than five hundred dollars and not more than two thousand dollars.

  • R.S., 1985, c. P-1, s. 41
  • 2003, c. 22, s. 224(E)

Marginal note:Prohibition — accepting benefits from trusts relating to position

  •  (1) No member of the House of Commons may, directly or indirectly, accept any benefit or income from a trust established by reason of his or her position as a member of the House of Commons.

  • Marginal note:Anti-avoidance

    (2) No member of the House of Commons shall take any action that has as its purpose the circumvention of the prohibition referred to in subsection (1).

  • Marginal note:Offence and punishment

    (3) Every member of the House of Commons who contravenes subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $2,000.

  • 2006, c. 9, s. 99

Marginal note:Obligation to disclose trusts

  •  (1) Every member of the House of Commons shall disclose to the Conflict of Interest and Ethics Commissioner every trust known to the member from which he or she could, currently or in the future, either directly or indirectly, derive a benefit or income.

  • Marginal note:Manner of disclosure

    (2) The disclosure must be made in accordance with the provisions governing the disclosure of private interests in the Conflict of Interest Code for Members of the House of Commons set out in the Standing Orders of the House of Commons.

  • Marginal note:Non-application of section 126 of the Criminal Code

    (3) Section 126 of the Criminal Code does not apply in respect of a contravention of subsection (1).

  • 2006, c. 9, s. 99

Marginal note:Commis­sioner’s orders

  •  (1) If a trust disclosed by a member of the House of Commons was established by the member or by a person who is not a relative of the member, the Conflict of Interest and Ethics Commissioner shall

    • (a) if he or she is of the opinion that it is legally possible for the member to terminate the trust, order the member to terminate the trust and not to use any distribution of the assets on its termination for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act; or

    • (b) if he or she is of the opinion that it is not legally possible for the member to terminate the trust, order the member not to derive any benefit or income from the trust for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act.

  • Marginal note:Commis­sioner’s orders

    (2) If a trust disclosed by a member was established by a relative of the member, the Conflict of Interest and Ethics Commissioner shall order the member not to derive any benefit or income from the trust, including any distribution of its assets on its termination, for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act.

  • Marginal note:Exceptions

    (3) Subsections (1) and (2) do not apply in respect of a trust that meets the requirements of subsection 27(4) of the Conflict of Interest Act or a trust that is governed by a registered retirement savings plan or a registered education savings plan.

  • Marginal note:Cessation of order

    (4) No order made under this section has effect after the day on which the member to which the order relates ceases to be a member of the House of Commons and, for the purposes of this subsection, a person who was a member of the House of Commons immediately before the issue of a writ for the election of a new member in place of that person is deemed to continue to be a member of that House until the date of that election.

  • Marginal note:Compliance measures under Conflict of Interest Act

    (5) If there is any inconsistency between an order made under this section and compliance measures required to be taken under the Conflict of Interest Act, the order prevails to the extent of the inconsistency.

  • Marginal note:Offence and punishment

    (6) Every member of the House of Commons who contravenes an order made under this section is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $2,000.

  • Marginal note:Meaning of relative

    (7) Persons who are related to a member of the House of Commons by birth, marriage, common-law partnership, adoption or affinity are the member’s relatives for the purpose of this section unless the Conflict of Interest and Ethics Commissioner determines, either generally or in relation to a particular member, that it is not necessary for the purposes of this section that a person or class of persons be considered a relative of the member.

  • Meaning of common law partnership

    (8) For the purpose of subsection (7), common law partnership means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year.

  • 2006, c. 9, s. 99
 
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