This enactment provides that a member’s seat in the House of Commons will be vacated and a by-election called for that seat if the member, having been elected to the House as a member of a political party or as an independent, changes parties or becomes a member of a party, as the case may be. A member’s seat will not be vacated if the member, having been elected as a member of a political party, chooses to sit as an independent.

R.‍S.‍, c. P-1

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

Change of Political Affiliation

Seat deemed vacated

27.‍1 (1) Any person holding a seat in the House of Commons who becomes a member of a registered party as defined in subsection 2(1) of the Canada Elections Act is deemed to have vacated the seat and ceases to be a member of the House if, in the last election, the person was endorsed by another registered party or was not endorsed by a registered party.

Notice

(2) The leader of the registered party of which the person referred to in subsection (1) has become a member shall, without delay, notify the Speaker of the House of Commons in writing that the person is a member of that party.

Speaker to address a warrant

(3) The Speaker of the House shall, on receipt of the notice referred to in subsection (2), 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

(4) If there is no Speaker of the House, if the Speaker is absent from Canada or if the member whose seat is vacated is the Speaker, the leader referred to in subsection (2) shall address the warrant, under the hand and seal of the leader, to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy.