S-224
Second Session, Fortieth Parliament,
57 Elizabeth II, 2009
SENATE OF CANADA
BILL S-224
An Act to amend the Canada Elections Act and the Parliament of Canada Act (vacancies)
first reading, February 5, 2009
THE HONOURABLE SENATOR MOORE
3920724
SUMMARY
This enactment amends the Canada Elections Act and the Parliament of Canada Act with respect to filling vacancies in Parliament.
With respect to vacancies in the Senate, the enactment amends the Parliament of Canada Act to require the Prime Minister to recommend to the Governor General a fit and qualified person for appointment within 120 days after a vacancy happens.
With respect to vacancies in the House of Commons requiring a by-election, the enactment amends the Parliament of Canada Act to establish a 60-day time limit for the issue of a writ for the election of a member to fill a vacancy, and also amends the Canada Elections Act to provide that the date fixed for voting in the by-election must be no later than 60 days after the issue of the writ.
The enactment also amends the Parliament of Canada Act to provide for the order in which by-elections are called when more than one vacancy occurs in the House of Commons.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57 Elizabeth II, 2009
senate of canada
BILL S-224
An Act to amend the Canada Elections Act and the Parliament of Canada Act (vacancies)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2000, c. 9
CANADA ELECTIONS ACT
1. Paragraph 57(1.2)(c) of the Canada Elections Act is replaced by the following:
(c) fix the date for voting at the election, which date must be
(i) at least 36 days after the issue of the writ in the case of a general election, and
(ii) at least 36 days, but not more than 60 days, after the issue of the writ in the case of a by-election.
R.S. 1985, c. P-1
PARLIAMENT OF CANADA ACT
2. (1) The Parliament of Canada Act is amended by adding the following before the heading “Conflict of Interest” before section 16:
Vacancies
Vacancy in Senate
13.1 Within 120 days after a vacancy happens in the Senate, the Prime Minister shall recommend to the Governor General a fit and qualified person for appointment to the Senate to fill the vacancy.
Transitional
(2) In respect of a vacancy that exists in the Senate at the time this Act receives royal assent, the Prime Minister shall, within 120 days after the day of that assent, recommend to the Governor General a fit and qualified person for appointment to the Senate to fill the vacancy.
3. Subsection 29(2) of the Act is replaced by the following:
When writ may be issued
(2) A writ may be issued
(a) in the case of a writ referred to in subsection (1), at any time within 60 days after the death or acceptance of office by a member; and
(b) in the case of a writ referred to in subsection (1.1), at any time within 60 days after the receipt of the report referred to in that subsection.
4. Subsection 31(1) of the Act is replaced by the following:
Issuance of election writ
31. (1) Where a vacancy occurs in the House of Commons, a writ shall be issued between the 11th day and the 60th day after 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.
Order of issuing writs
(1.1) If the Chief Electoral Officer is in receipt of more than one warrant for the issue of a writ for the election of a member of the House, the writs shall be issued under subsection (1) in the order in which the Chief Electoral Officer received the corresponding warrants.
Published under authority of the Senate of CanadaAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada
Explanatory Notes
Canada Elections Act
Clause 1: Relevant portions of subsection 57(1.2):
(1.2) The proclamation or order shall
. . . 
(c) fix the date for voting at the election, which date must be at least 36 days after the issue of the writ.
Parliament of Canada Act
Clause 2: New.
Clause 3: Existing text of subsection 29(2):
(2) A writ may be issued
(a) in the case of a writ referred to in subsection (1), at any time after the death or acceptance of office by a member; and
(b) in the case of a writ referred to in subsection (1.1), at any time after the receipt of the report referred to in that subsection.
Clause 4: Existing text of subsection 31(1):
31. (1) Where a vacancy occurs in the House of Commons, a writ shall be issued between the 11th day and the 180th day after 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.