By-elections Conducted During the 42nd Parliament

AuthorGregory Tardi
[  ]
 5
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

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