Bill C-211
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2nd Session, 37th Parliament, 51 Elizabeth II, 2002
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House of Commons of Canada
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BILL C-211 |
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An Act to amend the Parliament of Canada
Act
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| R.S., c. P-1
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1. The Parliament of Canada Act is
amended by adding the following after
section 30:
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| Vacancy
created by
crossing the
floor of the
House of
Commons
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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.
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| Interpreta- tion
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(2) For the purposes of this section, a
member of the House of Commons crosses the
floor of the House where
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| Deeming
provision
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(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).
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| Deeming
provision
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(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).
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| Notification
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(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.
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| Warrant of the
Speaker
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(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.
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| Proceedings
where
Speaker
absent
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(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.
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| Definitions
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(8) The definitions in this subsection apply
in this section.
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| ``election'' « élection »
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``election'' means a general election or a
by-election.
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| ``leader of a
party'' « chef d'un parti »
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``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.
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| ``party'' « parti »
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``party'' includes a party in the House of
Commons that has a recognized
membership of less than twelve persons in
the House.
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| Interpreta- tion
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(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.
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