A special byelection: What's involved in an MP stepping aside for a federal leader

Alberta MP Damien Kurek is stepping aside to allow the Conservative Party Leader Pierre Poilievre to run in a byelection for the Battle River–Crowfoot riding. The move comes after Poilievre lost his Ottawa-area seat in this week’s general election. The Battle River–Crowfoot seat is considered one of the safest Conservative ridings in the country , making it a strategic choice for a leader’s return. It’s not the first time a party leader has gained entry to the House of Commons this way. The practice of an MP resigning to create a vacancy for a party leader generally occurs only when a major party leader does not hold a seat in the House of Commons after an election or leadership change. It usually follows an unexpected loss during an election or a leadership change outside of a general election cycle. What is a federal byelection? A federal byelection is a special election held in a single riding to fill a vacancy in the House of Commons that occurs between general elections. Vacancies can arise when a sitting Member of Parliament (MP) dies, resigns, or becomes ineligible to serve for another reason, such as accepting a salaried position in the civil service. The process begins when the Speaker of the House of Commons notifies the Chief Electoral Officer of the vacancy. The governor general acting on the advice of the prime minister and Cabinet then sets the date for the byelection, which must be at least 36 days after the writ is issued and no more than 50 days later. If a vacancy occurs within nine months of a scheduled general election, no byelection is called and the seat remains vacant until the general election. Byelections follow similar rules to general elections: political parties nominate candidates, campaigns are held, and eligible voters in the affected riding cast ballots to choose their new MP. Why would an MP vacate his or her seat? Most MPs who leave do so for reasons unrelated to accommodating a leader. An MP may resign at any time by submitting a signed declaration of resignation, either by making a statement on the floor of the House of Commons or by delivering the declaration to the Speaker of the House. If the Speaker is absent or there is no Speaker, the MP can deliver the signed resignation to any two Members of Parliament, who then inform the Chief Electoral Officer. Then a writ for a byelection is issued. An MP cannot resign if their election is being contested or until the period for contesting the election has expired. The government is expected to call a byelection, with the campaign period lasting at least 36 days. The earliest a byelection can be called is 11 days after the resignation. What happens after an MP resigns? Once an MP officially resigns, they immediately cease to be a Member of Parliament and lose all associated rights and privileges , including the ability to participate in debates, vote, or serve on committees. They no longer receive an MP’s salary, benefits, or access to parliamentary resources. The riding is left without direct representation in the House of Commons until a new MP is elected in the byelection. Constituents may experience a gap in representation, although the outgoing MP may continue to assist informally until the byelection occurs. Stepping aside can be seen as a loyal act to the party, potentially leading to future political opportunities, such as appointments or future nominations . However, there is no guarantee of re-nomination if the MP plans to return in a future election. What is the process for stepping aside to let a party leader run? There are no special legal or parliamentary rules for an MP stepping aside specifically to allow a party leader to run in his/her seat. The process is the same as any other resignation, though the decision is often strategically coordinated within the party. Here’s how it works:

• An MP voluntarily resigns, creating a vacancy.
• The party leader then runs as the party’s candidate in the resulting byelection.
• This is typically done in a “safe seat” to maximize the leader’s chances of winning.
• The government is expected to call a byelection promptly. (In this instance, Prime Minister Mark Carney has indicated he will do this.)

What are the historical precedents for this? Former prime minister and Conservative leader Arthur Meighen attempted to re-enter Parliament via the 1942 York South byelection after becoming party leader for a second time. However, he was defeated by CCF candidate Joseph Noseworthy, marking a significant upset in Canadian political history. (So, disillusioned with politics, he retired again to devote himself to his business interests.) In 1983, Brian Mulroney needed a seat in the House. He had been newly elected as the leader of the Progressive Conservative Party of Canada. Nova Scotia MP Elmer MacKay stepped aside in the riding of Central Nova (a riding he had held since 1971). This was not Mulroney’s first connection with the eastern province. As a teen, he studied political science at St. Francis Xavier University in Antigonish. Stephen Harper won a byelection in Calgary Southwest in 2002 after becoming leader of the Canadian Alliance, which later merged into the Conservative Party. The federal Liberals have also taken advantage of this avenue to get a leader into the House. Jean Chrétien , after becoming Liberal leader in 1990, won a byelection in the riding of Beauséjour, New Brunswick, to enter the House of Commons.

• Pierre Poilievre didn't just lose his seat. He also likely lost his home
• Alberta MP Damien Kurek stepping down for Poilievre to run in byelection

Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our politics newsletter, First Reading, here.