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1st Session, 36th Parliament,
46 Elizabeth II, 1997

The House of Commons of Canada

BILL C-265

An Act to amend the Parliament of Canada Act and the Canada Elections Act (change of political affiliation)

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

PARLIAMENT OF CANADA ACT

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

1. The headings before section 21 of the Parliament of Canada Act are replaced by:

PART III

HOUSE OF COMMONS

DIVISION A

ELIGIBILITY, RESIGNATION, VACANCIES AND CHANGE OF POLITICAL AFFILIATION

Simultaneous Candidacies

2. The Act is amended by adding the following after section 21:

CHANGE OF POLITICAL AFFILIATION

Change of political affiliation

21.1 (1) If any member of the House of Commons

    (a) gives up membership in the political party as a member of which that member was elected to the House of Commons, or

    (b) was not elected to the House of Commons as a member of any political party and informs the House of Commons that he or she is joining the membership of a political party,

that member`s election as a member of the House of Commons thereupon becomes void, the seat of that member is vacated and a writ shall be issued for the election of a member to fill the vacancy.

Definition of ``political party''

(2) For the purposes of subsection (1), ``political party'' means a registered party as defined in the Canada Elections Act.

CANADA ELECTIONS ACT

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

3. Subsection 79(1) of the Canada Elections Act is replaced by the the following:

Polling day

79. (1) The Governor in Council shall fix the day on which the poll shall be held at any election and that day shall be named in the writ of election, provided that where the election is to be held as a result of a vacancy occurring in the circumstances described in subsection 21.1(1) of the Parliament of Canada Act, the poll at that election shall be held within ninety days after the vacancy occurs.

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