Members of Provin cial Par In the other provinces the appeal is to the Judge of the County Court, but in British Columbia, if the electoral district is not within the jurisdiction of a County Court, the appeal is to a Judge of the Superior Court1. Voters qualified to vote in respect of income can only be registered and vote in the polling district in which they reside other voters are registered and vote where their real property is situated, but if the property is partly in one polling district and partly in another, they may be registered and may vote in either district 2. 3. QUALIFICATIONS OF ELECTED. No property qualification is required of any member of the House of Commons. He must be a subject of the Crown by birth or naturalization3, and must not be disqualified by law from sitting. The following persons are so disqualified: 1. Members of any provincial Legislative Council or Legislative Assembly. This disqualification is not found liaments. in the British North America Act, 1867, but has been adopted not only by the Dominion Parliament but by the Provincial Assemblies. A member of the House on being appointed a member of a Provincial Assembly or elected to a Provincial Assembly vacates his seat in the House, unless the appointment or election was without his consent, and provided (1) he does not take his seat in the Provincial Council or Assembly, and (2) he resigns such seat within ten days after being notified of his election, or if not within the province, then within ten days after his arrival there, and (3) gives notice to the Speaker of the House of Commons that he has so resigned. 1 R. S. C. c. 5, ss. 33, 34. 2 48 and 49 Vic. c. 40, s. 7. 5 Ib. s. 3. 4 Ib. c. 13, s. 1. A member of a Provincial Council or Assembly who sits in the House of Commons incurs a penalty of $2000 for every day he sits or votes, which penalty may be recovered by any person who sues for the same1. holding 2. Persons holding any office of emolument under the Persons government of Canada on the nomination of the Crown to Offices of which any salary is attached, except (a) a Minister of the Crown, provided he has been elected while holding office; (b) a Minister of the Crown resigning one office and accepting another within one month, unless a new administration be formed; (c) officers of militia, or militia men receiving only their daily pay when called out 3, or pay for care of arms or for giving drill instruction *; (d) a person holding any office, commission or employment, if by his commission or instrument of appointment it is declared that he shall hold such office without any salary. 3. Contractors. (1) Persons undertaking any contract for which money is to be paid by the government of Canada". (2) Shareholders in companies undertaking contracts for building public works". The Act excepts (a) persons on whom a contract devolves by descent, limitation or agreement until 12 months has elapsedR; (b) lenders of money to the government. It is also provided that government contracts shall contain a clause that no member shall become interested in them 10. Emolument. Contractors. 5 Ib. s. 9. 4 Ib. 7 Ib. s. 15. 8 Ib. s. 17. 9 Ib. 10 Ib. s. 16. A person disqualified, if a member, vacates his seat and incurs a penalty of $200 a day1. Corrupt 4. Persons guilty of corrupt practices at elections. Practices. Revising officers. Other officers. Form of (a) If it be proved on the trial of an election petition that any corrupt practice has been committed by any candidate, or with his actual knowledge, or if any candidate be convicted of bribery or undue influence, the election is void, and such candidate is to be incapable of being elected to the House for seven years2. (b) Persons other than candidates found guilty of corrupt practices are to be incapable of being elected to the House for a period of eight years 3. 5. A revising officer cannot be a candidate for the electoral district for which he is revising officer, nor for two years after he resigns his office. 6. Sheriffs, Registrars of Deeds, Clerks of the Peace and County Crown Attornies are also disqualified 5. 4. METHOD OF ELECTION. Every writ for the election of a member is dated and is returnable at such time as the Governor-General determines. The day on which the nomination of candidates is to take place is mentioned in the writ, and such day must, in the case of a General Election, be the same for the whole Dominion, except in the electoral districts in British Columbia and the districts of Algoma in Ontario, and of Gaspé, Chicoutimi and Saguenay in Quebec, where the day is fixed by the returning officer. The usual form of writ is as follows: Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the faith. To the [Returning Officer] GREETING. Whereas by the advice of our Privy Council for Canada We have ordered a Parliament to be holden at Ottawa on the day of [Omit this preamble except in case of a General Election], We command you that notice of the time and place of election being duly given You do cause Election to be made according to law of a Member to serve in the House of Commons of Canada for the Electoral District of [Except in the case of a General Election insert here in the place of deceased or otherwise stating the cause of vacancy] and [except in the Electoral Districts mentioned in s. 2 of 37 Vic. c. 9] that you do cause the nomination of Candidates at such Election to be held on the that you do cause the name [or names] of such member [or members] when so elected whether he [or they] be present or absent to be certified to our Clerk of the Crown in Chancery on or before the day of day of next and next. WITNESS Our Right Trusty and Well-beloved &c., Governor-General of our Dominion of Canada at our City Where a vacancy occurs in any Electoral District owing Vacancies. to death, resignation or other cause, the fact of the vacancy is brought to the Speaker's notice in either of two ways, (1) by a member giving notice from his place, or (2) by a notice in writing under the hands and seals of any two members. The usual form of notice is as follows: To wit House of Commons. To the Hon. the Speaker of the House of Commons. We the undersigned hereby give notice that a vacancy hath occurred in the representation in the House of Commons Notice of for the Electoral District of [here state Electoral District, cause of vacancy and name of Member vacating seat]. Given under our Hands and Seals at day of 18 Member for the Electoral District of this Warrant for Election. The Speaker then issues his warrant to the Clerk of the Crown in Chancery for the issue of a new writ for the election of a Member to fill the vacancy1. The warrant is as follows: Dominion of Canada To wit House of Commons. To the Clerk of the Crown in Chancery. These are to require you to make out a new writ for the election of a Member to serve in this present Parliament for the Electoral District of of in the room who since his election for the said Electoral District hath [here state reason for issue of warrant] Given under my hand and seal this the year of Our Lord day of in Speaker. Proclama tion. If there be no Speaker, or if the Speaker be absent from Canada, then any two members can issue such warrant. If a vacancy occur after a General Election, but before the meeting of Parliament, a new writ is to issue, but this is not to affect the rights of any person entitled to contest the previous election. Within a certain time, varying in the Provinces from 8 to 20 days after the receipt of the writ, the returning officer |