Why Nova Scotia MLAs can campaign federally while on the provincial payroll

Some elected officials see moving from one level of government to another as a natural career move. For those involved in provincial politics, the possibility of gaining a federal profile can be in irresistible lure — but relatively few sitting MLAs actually make the leap.

That may explain why the provincial law in Nova Scotia dealing with this kind of career change is outdated and vague. 

According to the House of Assembly Act, an MLA must vacate their seat if that member "causes, suffers or permits himself" to be nominated as a federal candidate. 

It's a provision that has remained unchanged since 1937, and it's the only reference in any Nova Scotia law that deals with a sitting MLA's obligations if they want to make the leap to federal politics.

No other province uses similar language, so it's left to lawyers to interpret what "causes, suffers or permits" means. The use of the male pronoun "himself" is problematic for many reasons.

When is a candidate a candidate?

Determining when a person is actually nominated to run for a federal seat is also tricky. Although political parties hold their own nomination meetings to select candidates, authorizing a candidature is the exclusive right of Elections Canada. 

According to Election Canada's online publication, potential candidates are instructed to "submit nomination paper to returning officer by 2 p.m. on 21st day before election day" which is a deadline set after the election is underway. The returning officer then has 48 hours to accept or reject the nomination, to make the candidature official.

Federal law specifically forbids sitting members of legislative assemblies from being candidates. But an MLA could wait until the day they file their papers with Elections Canada to resign from their provincial seat, which could be a week or two into the campaign.

This is the only concrete deadline for the MLAs who have decided to try their luck this fall.  

Four MLAs eyeing House of Commons 

The fact there are four members of Nova Scotia's House of Assembly vying for a federal seat this year is remarkable. It's been almost 90 years since that many Nova Scotia MLAs have risked their political careers on a chance to sit in the House of Commons.

Things didn't work out for the four provincial representatives who resigned their seats in the summer of 1930. All four were defeated by Conservative candidates in the rout the led R. B. Bennett to power and relegated Liberal Prime Minister William Lyon MacKenzie King to the opposition benches for a term.

A fifth MLA, Conservative Edgar Nelson Rhodes, resigned later in the fall after the new prime minister named him federal fisheries minister. He was later acclaimed in a by-election win in Richmond-West Cape Breton.

This time there are three PCs and a former New Democrat eyeing a federal run:

•  Sydney River-Mira-Louisbourg MLA Afie MacLeod has already been nominated by the Conservative Party to run in riding of Cape Breton-Canso
• Argyle-Barrinton MLA Chris d'Entremont is seeking the Conservative Party's West Nova nomination 
• Northside-Westmount MLA Eddie Orrell is seeking the Conservative Party's Sydney-Victoria nomination 
• Truro-Bible Hill-Salmon River-Millbrook MLA Lenore Zann is seeking the Liberal nomination in Cumberland-Colchester

Zann says no one has raised any issues about her intention to run federally while she's doing the job voters re-elected her to do two years ago. Zann says she will follow the law and resign if and when Elections Canada authorizes her candidacy.

MacLeod says he plans to resign in early September, well ahead of the anticipated Oct. 21 federal election date. Both say they can continue to represent their constituents and campaign federally in their spare time and on weekends.