1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-451

An Act to amend the Parliament of Canada Act and the Canada Elections Act

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. P-1; R.S., cc. 31, 42 (1st Supp.), c. 38 (2nd Supp.), c. 1 (4th Supp.); 1991, cc. 20, 30; 1993, cc. 13, 28; 1994,
c. 18; 1996, cc. 16, 35; 1997, c. 32

PARLIAMENT OF CANADA ACT

1. The Parliament of Canada Act is amended by adding the following after section 2:

Dissolution of House of Commons every four years

2.1 (1) Subject to subsections (2) and (3), 79(3) of the Canada Elections Act and 4(3) of the Constitution Act, 1982, the Prime Minister shall, in the year 2001, advise the Governor General to command that a general election be held on the third Monday in October of that year, after advising the Governor General to dissolve the House on the thirty-seventh day before that Monday and thereafter every Prime Minister shall, in the fourth year following the holding of the last general election, advise the Governor General to command that a general election be held on the third Monday in October of that year, after advising the Governor General to dissolve the House of Commons on the thirty-seventh day before that Monday.

Motion of no confidence

(2) Subject to subsection 79(3) of the Canada Elections Act, if the House of Com mons adopts a motion of no confidence in the Government and the Prime Minister does not resign because of the adoption of that motion, the Prime Minister shall advise the Governor General to dissolve the House of Commons on the day the motion is adopted and to command that a general election be held on a Monday selected by the Prime Minister that is no later than one hundred and eighty days following the day the motion is adopted.

Date of election following election held because of no confidence motion

(3) Subject to subsection 79(3) of the Canada Elections Act, every Prime Minister shall, following the holding of a confidence election, advise the Governor General to command that a general election be held on the third Monday of October that is not less than three and one half years and not more than four and one half years following the day the confidence election was held, after advis ing the Governor General to dissolve the House of Commons on the thirty-seventh day before that Monday.

Continuation of House of Commons under Constitution Act, 1982

(4) Subject to subsection 79(3) of the Canada Elections Act, if the House of Com mons is continued under subsection 4(3) of the Constitution Act, 1982 and Parliament has, in continuing the House, specified the period for which the House may continue, the Prime Minister shall advise the Governor General to dissolve the House of Commons on the expiration of that period and to command that a general election be held on the seventh Monday following that dissolution.

Continuation of House of Commons under Constitution Act, 1982

(5) Subject to subsection 79(3) of the Canada Elections Act, if the House of Com mons is continued under subsection 4(3) of the Constitution Act, 1982 and Parliament has, in continuing the House, not specified the period for which the House may continue, the Prime Minister shall advise the Governor General to dissolve the House of Commons on the day that the matter in respect of which the House was continued was resolved and to command that a general election be held on the seventh Monday following that dissolution.

Interpreta-
tion

(6) For the purposes of subsection (5), a matter is resolved on the day that the House of Commons adopts a motion calling upon the Prime Minister to advise the Governor Gener al to dissolve the House of Commons because in the opinion of the House the reason for the continuation no longer exists.

Restriction

(7) No Prime Minister shall advise the Governor General to dissolve the House of Commons and to command that a general election be held except pursuant to and in accordance with this section.

Definitions

(8) In this section,

``confiden-
ce election''
« élection tenue en raison d'une motion de censure »

``confidence election'' means a general elec tion held pursuant to advice given to the Governor General under subsection (2).

``Prime Minister''
« premier ministre »

``Prime Minister'', except when it refers to the resignation of the Prime Minister, includes a minister of the Crown acting on behalf of or in place of the Prime Minister.

2. Section 31 of the Act is replaced by the following:

Election writ to issue the day after warrant is received

31. (1) Where a vacancy occurs in the House of Commons, a writ shall be issued on the day following 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.

Exception

(2) A writ shall not be issued under subsection (1) if the vacancy in respect of which the warrant has issued occurs within twelve months of the day that a general election may be held under subsection 2.1(1), (3) or (4).

Dissolution after issue of writ

(3) If the House of Commons is dissolved by virtue of subsection 2.1(2) or (5) 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., c. E-2; R.S., c. 27 (1st Supp.), c. 27 (2nd Supp.); 1989, c. 28; 1990, cc. 16, 17; 1991, cc. 11, 47; 1992, cc. 1, 21, 51; 1993, cc. 19, 28; 1994, c. 26; 1995, c. 5; 1996, cc. 26, 35

CANADA ELECTIONS ACT

3. Subsections 12(2), (3) and (4) of the Canada Elections Act is replaced by the following:

Writs to be dated and made returnable

(2 ) Writs shall be dated in accordance with subsection (3) and shall be returned not later than thirty-five days after polling day.

Issue of writs etc.

(3) Writs shall be issued by the Chief Electoral Officer at least thirty-six days before polling day. The Chief Electoral Officer shall set out in the writs the date of issue and shall forthwith forward the writs to the persons appointed to be returning officers for the various electoral districts.

4. Subsection 79(1) of the Act is replaced by the following:

Polling day for general elections

(1) Subject to subsections (1.1) and (1.2), the poll for a general election shall be held on the thirty-eighth day following the dissolution of the House of Commons.

Exception

(1.1) The poll for a general election held by virtue of subsection 2.1(2) of the Parliament of Canada Act shall be held on a day selected by the Prime Minister that is not later than one hundred and eighty days following the day the House of Commons is dissolved by virtue of that subsection.

Exception

(1.2) The poll for a general election held by virtue of subsection 2.1(4) of the Parliament of Canada Act shall be held on the seventh Monday following the dissolution of the House of Commons by virtue of that subsec tion.

Polling day for by-elections

(1.3) The poll for a by-election shall be held on the seventh Monday following the day a writ in respect of that election is issued in accordance with subsection 31(1) of the Parliament of Canada Act.

5. Section 329 of the Act is replaced by the following:

Writ for late by-election superseded and withdrawn

329. Notwithstanding anything in this Act or any other Act, if the House of Commons is dissolved by virtue of subsection 2.1(2) or (5) of the Parliament of Canada Act after a writ ordering a by-election has been issued under that Act , the writ shall, after a notice to that effect has been published in the Canada Gazette by the Chief Electoral Officer, be deemed to have been superseded and with drawn.