Bill C-451
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-451 |
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An Act to amend the Parliament of Canada
Act and the Canada Elections Act
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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, cc. 13,
28; 1994, c. 18; 1996, cc. 16, 35; 1997, c. 32
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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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| Dissolution of
House of
Commons
every four
years
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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.
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| Motion of no
confidence
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(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.
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| Date of
election
following
election held
because of no
confidence
motion
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(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.
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| Continuation
of House of
Commons
under
Constitution
Act, 1982
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(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.
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| Continuation
of House of
Commons
under
Constitution
Act, 1982
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(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.
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| Interpreta- tion
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(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.
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| Restriction
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(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.
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| Definitions
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(8) In this section,
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| ``confiden- ce election'' « élection tenue en raison d'une motion de censure »
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``confidence election'' means a general elec
tion held pursuant to advice given to the
Governor General under subsection (2).
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| ``Prime
Minister'' « premier ministre »
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``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.
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2. Section 31 of the Act is replaced by the
following:
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| Election writ
to issue the
day after
warrant is
received
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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.
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| Exception
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(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).
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| Dissolution
after issue of
writ
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(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.
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| 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
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CANADA ELECTIONS ACT |
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3. Subsections 12(2), (3) and (4) of the
Canada Elections Act is replaced by the
following:
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| Writs to be
dated and
made
returnable
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(2 ) Writs shall be dated in accordance with
subsection (3) and shall be returned not later
than thirty-five days after polling day.
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| Issue of writs
etc.
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(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.
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4. Subsection 79(1) of the Act is replaced
by the following:
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| Polling day
for general
elections
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(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.
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| Exception
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(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.
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| Exception
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(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.
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| Polling day
for
by-elections
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(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.
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5. Section 329 of the Act is replaced by the
following:
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| Writ for late
by-election
superseded
and
withdrawn
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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.
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