By-elections Conducted During the 42nd Parliament

• Author: Gregory Tardi
• Pages: 23-25

[  ]

 5

BY-ELECTIONS CONDUCTED

DURING THE 42ND PARLIAMENT

A federal general election results in the seating of  members into the

House of Commons for a period of four years. Considering the circum-

stances of life in general and more particularly the vagaries of politics, it

would be overly optimistic to expect that each of the  MPs remain in

oce for that entire period. Some MPs resign to occupy other functions.

Some are forced to resign by circumstances. Others become incapaci-

tated or pass away while in oce. In such circumstances, by-elections,

that is partial elections involving only some electoral districts, are held

so as to assure the resumption of representation for the citizens and

electors of those districts.

e Canada Elections Act def‌ines a by-election at section  as an election

other than a general election.

e substantive law on by-elections is set out in sections  through

 of the Parliament of Canada Act . Several of these provisions deal with the

technicalities of notices required when an MP resigns or when a vacancy

otherwise occurs. e f‌irst important step required is the issue of a War-

rant from the Speaker of the Commons to the Chief Electoral Ocer,

formally indicating to them the existence of a vacancy. Between the th

day and the th day following receipt of the Speaker’s Warrant by the

Chief Electoral Ocer, the latter shall issue a Writ for the holding of a