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

Act current to 2014-09-15 and last amended on 2013-12-12. Previous Versions

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.