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

Act current to 2014-08-05 and last amended on 2013-12-12. Previous Versions

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.