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: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

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dissolved after the issue of a writ in accordance with this section, the writ shall thereupon be deemed to have been superseded and withdrawn.

  • R.S., 1985, c. P-1, s. 31;
  • 1996, c. 35, s. 87.1;
  • 2000, c. 9, s. 564(F).

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: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.

 [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.
 
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