By-election after MP switches parties

Summary#

This bill would force a by-election when a Member of Parliament (MP) switches political affiliation in specific ways. If an MP who was elected by one registered party later joins a different registered party, or if an independent MP joins a registered party, their seat is deemed vacant and a by-election is triggered (subsection (1)). The new party’s leader must notify the Speaker, who then starts the by-election process by issuing a warrant to the Chief Electoral Officer (subsections (2)-(3)).

• Seats are vacated when an MP joins a registered party different from the party that endorsed them, or when an elected independent joins a registered party (subsection (1)).
• The new party leader must notify the Speaker “without delay” (subsection (2)).
• The Speaker must issue a warrant to the Chief Electoral Officer to start a by-election (subsection (3)).
• If there is no Speaker, the Speaker is absent, or the MP is the Speaker, the new party leader issues the warrant directly (subsection (4)).
• The bill relies on the Canada Elections Act’s definition of “registered party” (subsection (1)).

What it means for you#

• Households and voters

  • Your MP’s seat would become vacant if they join a different registered party than the one that endorsed them at the last election, or if an independent MP joins a registered party (subsection (1)).
  • You may face more by-elections in your riding if party switching occurs. During that time, you would have no MP representing you until the by-election fills the seat (subsections (1), (3)).

• MPs

  • If you were elected under one registered party and later join a different registered party, you would automatically lose your seat and stop being an MP (subsection (1)).
  • If you were elected as an independent and later join a registered party, you would also lose your seat and trigger a by-election (subsection (1)).
  • The process starts when the leader of the new party notifies the Speaker in writing that you have become a member of that party (subsection (2)).

• Political parties

  • If your party accepts an MP who was elected by another party or as an independent, your leader must notify the Speaker “without delay,” which triggers a by-election (subsections (2)-(3)).
  • If the Speaker’s office cannot act, your leader must issue the warrant directly to the Chief Electoral Officer to start the by-election (subsection (4)).
  • Parties not registered under the Canada Elections Act are not covered by these rules (subsection (1)).

• House of Commons operations

  • The Speaker must issue a warrant to the Chief Electoral Officer upon receiving the party leader’s notice to start a by-election (subsection (3)).
  • If there is no Speaker, the Speaker is absent from Canada, or the MP is the Speaker, the party leader issues the warrant directly, bypassing the Speaker (subsection (4)).

Expenses#

Estimated net cost: Data unavailable.

• The bill contains no explicit funding or appropriations.
• It requires one by-election each time an MP’s seat is vacated under the bill (subsections (1), (3)-(4)).
• Cost per by-election and expected frequency are not provided in the bill or an official fiscal note. Data unavailable.

Proponents' View#

• Strengthens voter choice: Voters elected a candidate identified with a specific party or as independent; if the MP joins a different registered party, voters get a say again through a by-election (subsection (1)).
• Clear and quick process: The new party leader must notify the Speaker “without delay,” and the Speaker must initiate the by-election, reducing ambiguity (subsections (2)-(3)).
• Limits “floor crossing”: MPs cannot keep their seats after joining a different registered party or after an independent joins a party; this reduces incentives to switch without voter approval (subsection (1)).
• Uniform standard: Uses the Canada Elections Act definition of “registered party,” which is an existing, clear category (subsection (1)).
• Ensures continuity via fallback: If the Speaker cannot act, the process continues through the party leader to avoid delays (subsection (4)).

Opponents' View#

• Curtails MP independence: MPs lose their seats if they change party membership in the covered ways, which may discourage legitimate dissent or shifts in conscience (subsection (1)).
• Temporary loss of representation: Constituents lose their MP until a by-election is held each time a seat is vacated, which could happen more often if party switching occurs (subsections (1), (3)-(4)).
• Party leader as gatekeeper: The new party leader’s notice is the trigger; there is no independent verification step in the text. This may create leverage or disputes about membership status (subsections (2)-(3)).
• Narrow coverage and potential loophole: The text targets cases where an MP “becomes a member of a registered party.” It does not state that leaving a party to sit as an independent vacates the seat, which may create uneven treatment (subsection (1)).
• Administrative and financial burden: Each triggered by-election adds election administration work and costs, but the bill provides no funding and no cost estimate. Data unavailable.