Bill C-421
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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-421 |
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An Act to amend the Parliament of Canada
Act and the Canada Elections Act (fixed
election dates)
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| R.S., c. P-1
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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),
57(4) of the Canada Elections Act and 4(3) of
the Canadian Charter of Rights and
Freedoms, the Prime Minister shall, in the
year 2004, advise the Governor General to
command that a general election be held on
the third Monday in June 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 June
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 57(4) of the
Canada Elections Act, if the House of
Commons 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 57(4) 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 June 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 advising
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
Canadian
Charter of
Rights and
Freedoms
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(4) Subject to subsection 57(4) of the
Canada Elections Act, if the House of
Commons is continued under subsection 4(3)
of the Canadian Charter of Rights and
Freedoms 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
Canadian
Charter of
Rights and
Freedoms
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(5) Subject to subsection 57(4) of the
Canada Elections Act, if the House of
Commons is continued under subsection 4(3)
of the Canadian Charter of Rights and
Freedoms 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
General 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) The definitions in this subsection apply
in this section.
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| ``confidence
election'' « élection tenue en raison d'une motion de censure »
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``confidence election'' means a general
election 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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| 1996, c. 35, s.
87
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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 before 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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| 2000, c. 9
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CANADA ELECTIONS ACT |
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3. (1) Paragraph 57(1)(a) of the Canada
Elections Act is replaced by the following:
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(2) Section 57 of the Act is amended by
adding the following after subsection (1):
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| Polling day
for general
elections
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(1.1) Subject to subsections (1.2) and (1.3),
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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(1.2) Polling day for a general election held
by virtue of subsection 2.1(2) of the
Parliament of Canada Act shall be 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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(1.3) Polling day for a general election held
by virtue of subsection 2.1(4) of the
Parliament of Canada Act shall be the seventh
Monday following the dissolution of the
House of Commons by virtue of that
subsection.
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| Polling day
for
by-elections
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(1.4) Polling day for a by-election shall be
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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(3) Paragraph 57(2)(c) of the Act is
replaced by the following:
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