Marginal note:Issuance of election writ
31. (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.
(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is dissolved after the issue of a writ in accordance with this section, the writ shall thereupon be deemed to have been superseded and withdrawn.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
32. (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.
(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
33. (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.
- Date modified: