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By-elections When MPs Change Party

Full Title:
An Act to amend the Parliament of Canada Act

Summary#

This bill would change the Parliament of Canada Act to require a by-election when a Member of Parliament (MP) switches into a different political party than the one that endorsed them at the last election, or when an independent MP joins a party. The main change is that the MP’s seat would be treated as vacant at the moment they become a member of a new registered party (a party registered with Elections Canada). The goal appears to be to ensure voters get a say if their MP changes party affiliation mid-term.

Key changes:

  • An MP is deemed to vacate their seat if they become a member of a registered party that is different from the party that endorsed them in the last election, or if they were elected as an independent and then join any registered party.
  • The leader of the party the MP is joining must promptly notify the Speaker of the House in writing.
  • On receiving notice, the Speaker must issue a formal request to the Chief Electoral Officer to hold a by-election for that seat.
  • If there is no Speaker, the Speaker is abroad, or the MP whose seat is vacated is the Speaker, the new party’s leader must send the warrant directly to the Chief Electoral Officer to start a by-election.
  • The bill does not state that leaving a party to sit as an independent would vacate the seat.

What it means for you#

  • Voters in an affected riding:

    • If your MP joins a different party than the one that endorsed them at the last election, or your independent MP joins a party, your riding would have a by-election. You may have a period without an MP until it is held.

  • MPs:

    • If you were elected for a party and you join a different registered party during the term, you would lose your seat and a by-election would be called.
    • If you were elected as an independent and later join a registered party, you would lose your seat and a by-election would be called.
    • The bill does not say that leaving your party to sit as an independent would vacate your seat.

  • Party leaders:

    • You must notify the Speaker in writing, without delay, when an MP becomes a member of your registered party under these circumstances.
    • If there is no Speaker, the Speaker is out of Canada, or the MP is the Speaker, you must send the by-election warrant directly to the Chief Electoral Officer.

  • Speaker of the House and Chief Electoral Officer:

    • The Speaker must trigger a by-election upon receiving notice.
    • The Chief Electoral Officer would receive warrants for by-elections in these cases and administer them.

  • Political parties:

    • Recruiting a sitting MP from another party or from independent status would trigger a by-election for that MP’s seat.

Expenses#

No publicly available information.

Possible cost and administrative effects:

  • More by-elections could mean higher election administration costs for the federal government when party changes happen.
  • Some added administrative work for the Speaker’s office and Elections Canada to process vacancies and run by-elections.
  • No new fees for the public are identified in the bill.

Proponents' View#

  • The bill appears intended to ensure that if an MP changes party mid-term, voters get a fresh say through a by-election.
  • This could be seen as protecting voter choice tied to party labels on the ballot.
  • It may improve accountability by requiring an MP who changes party to seek a renewed mandate.
  • It could reduce incentives for mid-term party switching.

Opponents' View#

  • One concern is that it restricts MPs’ freedom to change affiliation by imposing automatic loss of seat when joining a new party, which may affect how independently MPs can act.
  • The rule is asymmetric: it triggers a vacancy when an MP joins a party, but not when an MP leaves a party to sit as an independent. This could lead to uneven outcomes.
  • The process depends on the new party leader’s notice to the Speaker; delays or disputes about whether an MP has “become a member” (since parties set their own membership rules) could create uncertainty.
  • More frequent by-elections could leave constituents without representation more often and increase public costs.
  • The bill does not explain how disputes would be resolved if an MP contests a claim that they joined a party, or what happens if a party leader fails to notify the Speaker.