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1nd Session, 35th Parliament,
42 Elizabeth II, 1994

The House of Commons of Canada

BILL C-210

An Act to provide for the recall of members of the House of Commons

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

SHORT TITLE

Short title

1. This Act may be cited as the Recall Act.

INTERPRETATION

Definitions

2. (1) In this Act,

``application for recall''
« demande de révocation »

``application for recall'' means an application for the recall of a member as provided for in section 3;

``Clerk''
« greffier »

``Clerk'' means the Clerk of the House of Commons;

``prescribed'' (version anglaise seulement)

``prescribed'' means prescribed by regulation;

``promoters''
« promoteurs »

``promoters'' means the electors who have signed an application for recall;

``recall petition''
« pétition en révocation »

``recall petition'' means a petition requesting that the seat of a member be vacated.

Words and expressions

(2) Unless a contrary intention is shown, words and expressions used in this Act have the same meaning as in the Canada Elections Act.

APPLICATION FOR RECALL

Filing application for recall

3. Any elector ordinarily resident in an electoral district who wishes to seek the recall of the member for that district may file with the Clerk an application for the recall of the member in a prescribed form.

Contents

4. An application for recall must include

    (a) the name of the member whose recall is being sought;

    (b) the names, addresses and signatures of at least ten electors ordinarily resident in the member's electoral district who seek the member's recall;

    (c) the name and address of a person who shall act as agent for the promoters;

    (d) a statement, not exceeding two hundred words, setting out why, in the opinion of the promoters, the recall of the member is warranted;

    (e) a filing fee of one hundred dollars which shall be refunded if the member's seat is vacated under this Act ; and

    (f) any other information that may be prescribed.

Clerk to give notice

5. Upon verifying that an application for recall complies with section 4, the Clerk shall immediately give notice to the member and to the agent for the promoters.

RECALL PETITION

Filing of petition

6. (1) The promoters may, within sixty days from the date that the agent for the promoters is given notice under section 5, file a recall petition with the Clerk.

Reference to C.E.O.

(2) Upon receiving a recall petition that is filed under subsection (1), the Clerk shall refer the recall petition to the Chief Electoral Officer to verify that it complies with this section.

Form and contents

(3) A recall petition shall

    (a) be in a prescribed form; and

    (b) contain the names, addresses and signatures of electors ordinarily resident in the member's electoral district equivalent to a majority of the total number of votes cast in the last election.

Report of C.E.O.

7. (1) The Chief Electoral Officer shall, not more than thirty days after the petition is referred under subsection 6(2), report to the Clerk, the member, and the agent for the promoters whether the petition complies with section 6.

Seat vacated

(2) Where the Chief Electoral Officer reports that a recall petition complies with section 6, the member's seat shall become vacant as of the day following receipt of the report by the Clerk.

BY-ELECTION

By-election

8. Where a member's seat becomes vacant as the result of a recall petition under this Act, a by-election to fill that seat shall be held within fifty days of the seat becoming vacant, unless a writ of election for a general election is issued sooner.

LIMITATIONS ON RECALL PROCESS

Waiting period

9. The Clerk shall not accept an application for the recall of a member until at least eighteen months have passed since the most recent election at which the member was elected to Parliament.

Limit on applications

10. The Clerk shall not accept an application for the recall of any one member more than once during the duration of a Parliament.

Resignation, or dissolution of Parliament

11. The Clerk shall not accept a petition concerning the recall of any member if the member resigns or Parliament is dissolved between the time that the application for the member's recall is filed and the time that it is attempted to file the petition.

OBLIGATION OF AGENT

Report on expenditures

12. (1) Within one year from the date that an application for recall is filed under section 3, the agent for the promoters shall file with the Chief Electoral Officer, in a prescribed form, a list of all persons who made financial contributions to the promoters for the purpose of financing the effort to recall the member, and a list of all expenditures incurred by the promoters in that effort.

Failure to comply

(2) An agent who fails to comply with subsection (1) is guilty of an offence punishable on summary conviction.

OFFENCES

Offences

13. Every person who

    (a) knowingly makes a false statement for the purpose of gaining signatures on a recall petition,

    (b) forges a signature on a recall petition,

    (c) knowingly circulates or files a recall petition containing a forged signature,

    (d) uses the threat of a recall application or petition for the purposes of extortion, or

    (e) offers or provides any form of payment to a person in return for signing a recall petition

is guilty of an offence, and is liable on summary conviction to a fine not exceeding ten thousand dollars, or to imprisonment for a term not exceeding one year, or to both.

REGULATIONS

Regulations

14. The Chief Electoral Officer may make regulations

    (a) prescribing anything that may be prescribed under this Act;

    (b) setting out procedures for verifying signatures on a recall petition;

    (c) providing for the service of notices required under this Act and the proof of such service; and

    (d) generally, for carrying out the purposes and provisions of this Act.

CONSEQUENTIAL AMENDMENT

R.S., c. P-1

15. Subsection 28(1) of the Parliament of Canada Act is replaced by the following:

Death, recall or acceptance of office

28. (1) If any vacancy occurs in the House of Commons by reason of the death of a member of the House, operation of the Recall Act or the acceptance of an office by a member of the House, the Speaker of the House shall forthwith, on being informed of the vacancy by any member of the House in his place or by notice in writing under the hands and seals of any two members of the House, 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.

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