Summary#
This bill would change the Parliament of Canada Act to require a by-election when a Member of Parliament (MP) changes parties after an election, or when an independent MP joins a party. The MP’s seat would be declared vacant, and a new election would be called in that riding (Bill, new section after s.27(1)–(3)). The process starts when the leader of the new party notifies the Speaker in writing (Bill, new s. after s.27(2)).
- MPs who switch from one party to another lose their seats and must recontest them in a by-election (Bill, new s. after s.27(1)).
- Independent MPs who join a party also lose their seats and face a by-election (Bill, new s. after s.27(1)).
- MPs who leave a party to sit as independents are not covered by this bill.
- The Speaker issues a warrant to the Chief Electoral Officer to start a by-election once notified (Bill, new s. after s.27(3)).
- If there is no Speaker, or the Speaker is absent or is the MP involved, the new party leader issues the warrant directly (Bill, new s. after s.27(4)).
What it means for you#
- Households (voters)
- You may be asked to vote in a by-election if your MP switches parties or, if independent, joins a party. The seat would be vacant until the by-election (Bill, new s. after s.27(1)–(3)).
- By-elections follow timelines in the Canada Elections Act. The campaign period is at least 36 days, and the writ for a by-election must be issued within 180 days of a vacancy (Canada Elections Act).
- MPs
- If you were elected with Party A’s endorsement and later join Party B, you lose your seat and a by-election is called in your riding (Bill, new s. after s.27(1)).
- If you were elected as an independent and later join any registered party, you lose your seat and a by-election is called (Bill, new s. after s.27(1)).
- If you leave your party to sit as an independent, this bill does not trigger a by-election.
- Political parties
- Your leader must notify the Speaker in writing “without delay” when an MP becomes a member of your party under these conditions (Bill, new s. after s.27(2)).
- If the Speaker is unavailable or is the MP in question, your leader must issue the warrant to the Chief Electoral Officer directly (Bill, new s. after s.27(4)).
- Elections Canada
- You would run a by-election whenever the Speaker or, in limited cases, a party leader issues a warrant under this new provision (Bill, new s. after s.27(3)–(4)).
- Constituency offices
- When the seat is vacant, the MP’s office may have limited functions until a new MP is elected. Services that require an MP’s authorization may be limited during the vacancy period. Data unavailable.
Expenses#
Estimated net cost: Data unavailable.
- No direct appropriation or new spending authority is in the bill text.
- Each triggered by-election would create election administration costs for Elections Canada. Data unavailable.
- Frequency of by-elections under this bill depends on how often MPs change affiliation in a Parliament. Data unavailable.
- Campaign and compliance costs for parties and candidates are private and outside public accounts. Data unavailable.
Proponents' View#
- It protects voter intent. Voters often choose candidates with a party label; a switch mid-term changes that choice. A by-election asks voters to confirm or reject the change (Bill, new s. after s.27(1)).
- It applies even-handedly to independents who join a party, so all material affiliation changes face voter approval (Bill, new s. after s.27(1)).
- The process is clear and quick: party leader notice to the Speaker, then a warrant to the Chief Electoral Officer to issue a writ (Bill, new s. after s.27(2)–(3)).
- It may deter opportunistic party-switching and improve accountability. Assumption noted; actual switching rates could vary.
- It uses existing by-election machinery under the Canada Elections Act, which already governs timelines and conduct. Assumption: administrative alignment will be workable.
Opponents' View#
- It limits MPs’ freedom of association and may weaken their ability to act on conscience or local interests without risking their seat. Assumption: party labels are not the sole basis of voter choice.
- It creates a loophole and unequal treatment: leaving a party to sit as an independent does not trigger a by-election, but joining another party does (Bill, new s. after s.27(1)).
- It relies on a party leader’s notice to start the process. The bill does not set penalties for failing to notify, which could delay or block a required by-election (Bill, new s. after s.27(2)).
- It can increase the number and length of vacancies, leaving constituents without a sitting MP for weeks or months, given the minimum 36-day campaign and up to 180 days to issue a writ (Canada Elections Act).
- It assigns an unusual role to a party leader to address a warrant directly when the Speaker is unavailable, which could raise procedural or constitutional questions about consistency with the standard writ-issuing process (Bill, new s. after s.27(4)).