House of Commons of Canada - Qualifications

Qualifications

Under the Constitution Act, 1867, Parliament is empowered to determine the qualifications of members of the House of Commons. The present qualifications are outlined in the Canada Elections Act, which was passed in 2000. Under the act, an individual must be an eligible voter, as of the day on which he or she is nominated, in order to stand as a candidate. Thus, minors and individuals who are not citizens of Canada are not allowed to become candidates. The Canada Elections Act also bars prisoners from standing for election (although they may vote). Moreover, individuals found guilty of election-related crimes are prohibited from becoming members for five years (in some cases, seven years) after conviction.

The act also prohibits certain officials from standing for the House of Commons. These officers include members of provincial and territorial legislatures (although this was not always the case), sheriffs, crown attorneys, most judges, and election officers. The Chief Electoral Officer and Assistant Chief Electoral Officer (the heads of Elections Canada, the federal agency responsible for conducting elections) are prohibited not only from standing as candidates, but also from voting. Finally, under the Constitution Act, 1867, a member of the Senate may not also become a member of the House of Commons and MPs must give up their seats when appointed to the Senate or the bench.