Bill C-250
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2nd Session, 35th Parliament, 45 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-250 |
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An Act to amend the Parliament of Canada
Act and the Canada Elections Act
(confidence votes)
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| 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, c. 13;
1994, c. 18
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PARLIAMENT OF CANADA ACT |
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1. The Parliament of Canada Act is
amended by adding the following after
section 2:
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| Maximum
duration of
House of
Commons
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2.1 (1) Subject to subsection (2) and section
2.2, a general election for the House of
Commons shall be held on October 20, 1997
and, thereafter, every four years on the third
Monday of October.
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| When House
ceases to sit
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(2) The House of Commons and the Senate
shall cease to sit no less than forty-seven days
before polling day or on the day the writs of
election are issued, whichever happens first.
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| Continuation
in special
circumstances
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(3) In time of real or apprehended war,
invasion or insurrection, the House of
Commons may be continued by Parliament
beyond four years if such continuation is not
opposed by the votes of more than one-third of
the members of the House of Commons.
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| Continuation
in special
circumstances
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(4) If the House of Commons is continued
under subsection (3), the next general election
shall be held on the third Monday of October
following resolution of the conflict.
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| Confidence
votes
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2.2 (1) The Prime Minister, or a Minister of
the Crown acting on behalf of or in the place
of the Prime Minister, shall not seek
dissolution of Parliament by the Governor
General, except where
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| General
election
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(2) Where the Prime Minister, or a Minister
of the Crown acting on behalf of or in the place
of the Prime Minister, seeks the dissolution of
Parliament in the circumstances referred to in
subsection (1), the Governor General shall
cause a general election to be held no later
than 180 days following the day of the motion
adopted under paragraph (1)(a).
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| Date of the
election
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(3) Where a general election is held in the
circumstances referred to in subsection (2), a
general election following the election
referred to in subsection (2) shall be held on
the third Monday in October not less than
three and a half and not more than four and a
half years following the return of the writs in
respect of the general election preceding the
general election provided for in subsection
(2).
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2. Section 3 of the Act is replaced by the
following:
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| Prerogative
saved
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3. Nothing in section 2 or 2.2 alters or
abridges the power of the Crown to prorogue
or dissolve Parliament, but the procedure
provided for in subsections 2.2(2) and (3) shall
apply with necessary modifications.
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3. Subsections 31(1) and (2) of the Act are
replaced by the following:
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| Election writ
to issue within
two months
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31. (1) Where a vacancy occurs in the
House of Commons, a writ shall be issued
within two months 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.
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| Exception
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(2) This section does not apply where the
vacancy in respect of which the warrant was
issued occurs within two months of the
expiration of the time limited for the duration
of the House of Commons.
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| R.S., c. E-2;
R.S., c. 27
(2nd Suppl.);
1989, c. 28;
1990, cc. 16,
17; 1991, cc.
11, 47; 1992,
cc. 1, 21, 51;
1993, c. 19;
1994, c. 26;
1995, c. 5
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CANADA ELECTIONS ACT |
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4. Section 329 of the Canada Elections Act
is replaced by the following:
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| Date of
by-elections
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329. (1) Notwithstanding anything in this
Act or any other Act, and subject to
subsections (2) and 79(3), by-elections shall
be held, if necessary, the third Monday of
April and the third Monday of October, except
that no by-election shall be held in the twelve
months preceding a general election.
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| Vacancy
occurring
sixty days
before a
by-election
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(2) Where a vacancy occurs in the House of
Commons sixty days prior to the date set for
a by-election, the vacancy shall be filled at the
next by-election.
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| Writ for late
by-election
superseded
and
withdrawn
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(3) Notwithstanding anything in this Act or
any other Act, where a writ has been issued
ordering a by-election to be held on a date
subsequent to the dissolution of Parliament,
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 withdrawn.
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