Vacancies and by-elections
15(1)Subject to subsection (1.1), where a vacancy in the Legislative Assembly is certified to the Speaker of the Legislative Assembly or the Clerk of the Legislative Assembly as provided by section 27 of the
Legislative Assembly Act, the Lieutenant-Governor in Council shall direct the issue of a writ of election for the electoral district for which the vacancy occurred and shall
(a)
fix the date on which the writ is issued, which shall not be more than six months from the certification; and
(b)
fix the date of the ordinary polling day, which shall be a Monday not more than 38 nor less than 28 days from the date of the issue of the writ.
15(1.1)If the vacancy in the Legislative Assembly is certified during the 12-month period immediately preceding the date of a scheduled general election, the Lieutenant-Governor in Council is not required to act under subsection (1).
15(2)A writ for a by-election shall cease to have effect and the by-election to be held thereunder shall be cancelled if at any time prior to the ordinary polling day a writ for a general election is issued.
1967, c.9, s.15; 1978, c.D-11.2, s.18; 1997, c.53, s.6; 1998, c.32, s.9; 1999, c.21, s.7; 2006, c.25, s.1; 2007, c.30, s.22; 2015, c.5, s.2; 2022, c.48, s.1