Parliament of Canada Act

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.