Parliament of Canada Act (S.C. , c. )

Marginal note:Proceedings where Speaker absent

• 26. (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.

Marginal note:Effect of resignation

• 27. (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.

Marginal note:Vacancy in House of Commons

• 28. (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.

Marginal note:Vacancy before Parliament meets after a general election

• 29. (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.