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Bill C-218

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1st Session, 37th Parliament,
49-50 Elizabeth II,

House of Commons of Canada

BILL C-218

An Act to amend the Parliament of Canada Act

R.S., 1985, c. P-1

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

1. The Parliament of Canada Act is amended by adding the following after section 30:

Vacancy created by crossing the floor of the House of Commons

30.1 (1) If any member of the House of Commons crosses the floor of the House, the member's seat is thereby vacated and the member's election to the House is void.

Interpreta-
tion

(2) For the purposes of this section, a member of the House of Commons crosses the floor of the House where

    (a) the member ceases to sit among the members of the House belonging to the party that endorsed the member's candida ture in the election in which the member was returned to the House and takes his or her seat, at any time during the term for which he or she was elected, among mem bers of the House belonging to another party in the House; or

    (b) the member, having been elected as an independent in the election that returned the member to the House, ceases to sit as an independent and takes his or her seat, at any time during the term for which he or she was elected, among members of the House belonging to any party in the House.

Deeming provision

(3) A member whose candidature was endorsed by a party in the election in which the member was returned to the House and who, on the first day the member sits in the House following the election, takes his or her seat among members of the House belonging to another party in the House, is deemed to have crossed the floor of the House for the purposes of subsection (1).

Deeming provision

(4) A member whose candidature was not endorsed by a party in the election in which the member was returned to the House and who, on the first day the member sits in the House following the election, takes his or her seat among members of the House belonging to any party in the House, is deemed to have crossed the floor of the House for the purposes of subsection (1).

Notification

(5) Where a member of the House of Commons crosses the floor of that House, and commences to sit among the members of the House belonging to a party in the House, the leader of that party shall, without delay and in writing, inform the Speaker that the member has crossed the floor of the House.

Warrant of the Speaker

(6) If a vacancy occurs in the House of Commons because a member has crossed the floor of the House, the Speaker of the House shall, without delay, on receipt of a notification under subsection (5), address a warrant of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy.

Proceedings where Speaker absent

(7) If, when a vacancy referred to in subsection (6) occurs in the House of Commons, or at any time thereafter, before the warrant of the Speaker for a writ has issued, there is no Speaker of the House or the Speaker is absent from Canada, the leader of a party referred to in subsection (5), shall address his or her warrant, under his or her hand and seal, to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy.

Definitions

(8) The definitions in this subsection apply in this section.

``election''
« élection »

``election'' means a general election or a by-election.

``leader of a party''
« chef d'un parti »

``leader of a party'' means a member of the House of Commons occupying the position of leader of a party in the House of Commons.

``party''
« parti »

``party'' includes a party in the House of Commons that has a recognized membership of less than twelve persons in the House.

Interpreta-
tion

(9) For the purposes of this section, a member of the House of Commons belongs to a party in the House of Commons where he or she is recognized by the party as belonging to that party.