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

Act current to 2016-04-12 and last amended on 2015-10-27. Previous Versions

Marginal note:Expulsion of caucus member

 A member of a caucus may only be expelled from it if

  • (a) the caucus chair has received a written notice signed by at least 20% of the members of the caucus requesting that the member’s membership be reviewed; and

  • (b) the expulsion of the member is approved by secret ballot by a majority of all caucus members.

  • 2015, c. 37, s. 4.
Marginal note:Readmission of member

 A member of the House of Commons who has been expelled from the caucus of a party may only be readmitted to the caucus

  • (a) if the member is re-elected to the House of Commons as a candidate for that party; or

  • (b) if

    • (i) the caucus chair has received a written notice signed by at least 20% of the members of the caucus requesting the member’s readmission to the caucus, and

    • (ii) the readmission of the member is approved by a majority vote by secret ballot of the members of that caucus who are present at a meeting of the caucus.

  • 2015, c. 37, s. 4.
Marginal note:Election of chair
  •  (1) After every general election or following the death, incapacity, resignation or removal of the chair of a caucus in accordance with subsection (2), a chair shall be elected by a majority vote by secret ballot of the members of that caucus who are present at a meeting of the caucus.

  • Marginal note:Removal of caucus chair

    (2) The chair of the caucus of a party may only be removed if

    • (a) the chair has received a written notice signed by at least 20% of the caucus members requesting that the occupancy of the chair be reviewed; and

    • (b) the removal of the chair is approved by secret ballot by a majority of all caucus members.

  • Marginal note:Senior caucus member

    (3) Any vote that is taken under subsection (1) or (2) shall be presided over by the caucus member with the longest period of unbroken service in the House of Commons as determined by reference to the Canada Gazette.

  • 2015, c. 37, s. 4.

Definition of leadership review

  •  (1) In this section, leadership review means a process to endorse or replace the leader of a party.

  • Marginal note:Leadership review

    (2) If a written notice to call a leadership review signed by at least 20% of the members of a party’s caucus is submitted to the chair of the caucus, the chair shall order that a secret ballot vote be taken among the members of the caucus to conduct a leadership review.

  • Marginal note:Notice made public

    (3) The chair of the caucus shall make public the content of the written notice immediately upon receipt.

  • Marginal note:Interim leader

    (4) If a majority of the caucus members vote to replace the leader of the party, the chair of the caucus shall immediately order that a second vote be taken by secret ballot to appoint a person to serve as the interim leader of the party until a new leader has been duly elected by the party.

  • 2015, c. 37, s. 4.
Marginal note:Replacement of leader

 In the case of the death, incapacity or resignation of the leader of a party, an interim leader shall be elected as soon as possible and in accordance with subsection 49.5(4).

  • 2015, c. 37, s. 4.
Marginal note:Bar against judicial review

 Any determination of a matter relating to the internal operations of a party by the caucus, a committee of the caucus or the caucus chair is final and not subject to judicial review.

  • 2015, c. 37, s. 4.
Marginal note:Vote
  •  (1) At its first meeting following a general election, the caucus of every party that has a recognized membership of 12 or more persons in the House of Commons shall conduct a separate vote among the caucus members in respect of each of the following questions:

    • (a) whether sections 49.2 and 49.3 are to apply in respect of the caucus;

    • (b) whether section 49.4 is to apply in respect of the caucus;

    • (c) whether subsections 49.5(1) to (3) are to apply in respect of the caucus; and

    • (d) whether subsection 49.5(4) and section 49.6 are to apply in respect of the caucus.

  • Marginal note:Senior caucus member

    (2) Each vote, and any debate relating to the vote that may precede it, are to be presided over by the caucus member with the longest period of unbroken service in the House of Commons as determined by reference to the Canada Gazette.

  • Marginal note:Recorded vote

    (3) The vote of each caucus member, in each vote, is to be recorded.

  • Marginal note:Majority required

    (4) The provisions referred to in each of paragraphs (1)(a) to (d) apply only if a majority of all caucus members vote in favour of their applicability.

  • Marginal note:Notice to Speaker

    (5) As soon as feasible after the conduct of the votes, the chair of the caucus shall inform the Speaker of the House of Commons of the outcome of each vote.

  • Marginal note:Effect of votes

    (6) The outcome of each vote is binding on the caucus until the next dissolution of Parliament.

  • 2015, c. 37, s. 4.

DIVISION DBoard of Internal Economy

Establishment and Organization

Marginal note:Board established
  •  (1) There shall be a Board of Internal Economy of the House of Commons, in this section and sections 51 to 53 referred to as “the Board”, over which the Speaker of the House of Commons shall preside.

  • Marginal note:Composition of Board

    (2) The Board shall consist of the Speaker, two members of the Queen’s Privy Council for Canada appointed from time to time by the Governor in Council, the Leader of the Opposition or the nominee of the Leader of the Opposition and other members of the House of Commons who may be appointed from time to time as follows:

    • (a) if there is only one party in opposition to the government that has a recognized membership of twelve or more persons in the House of Commons, the caucus of that party may appoint two members of the Board and the caucus of the government party may appoint one member of the Board; and

    • (b) if there are two or more parties in opposition to the government each of which has a recognized membership of twelve or more persons in the House of Commons,

      • (i) the caucus of each of those parties in opposition may appoint one member of the Board, and

      • (ii) the caucus of the government party may appoint that number of members of the Board that is one less than the total number of members of the Board who may be appointed under subparagraph (i).

  • (3) [Repealed, 1997, c. 32, s. 1]

  • Marginal note:Speaker to inform of appointments

    (4) The Speaker shall inform the House of Commons of any appointment made to the Board, on any of the first fifteen days on which the House is sitting after the appointment is made.

  • Marginal note:Oath or affirmation

    (5) Every member of the Board shall, as soon as practicable after becoming a member of the Board, take before the Clerk of the House of Commons an oath or affirmation of fidelity and secrecy in the form set out in Form 3 of the schedule.

  • Marginal note:Scope

    (6) For greater certainty, the oath or affirmation referred to in subsection (5) only relates to matters of security, employment and staff relations, tenders and investigations in relation to a member of the House of Commons and nothing in subsection (5) shall be construed as preventing the communication of any information relating to other matters to a party caucus.

  • R.S., 1985, c. P-1, s. 50;
  • R.S., 1985, c. 42 (1st Supp.), s. 2;
  • 1991, c. 20, s. 2;
  • 1997, c. 32, s. 1.
Marginal note:Clerk is Secretary

 The Clerk of the House of Commons is the Secretary to the Board.

  • R.S., 1985, c. P-1, s. 51;
  • R.S., 1985, c. 42 (1st Supp.), s. 2;
  • 1991, c. 20, s. 2.
 
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