When can an MPP be removed from office in Ontario?

An elected Member of Provincial Parliament (MPP) in Ontario can be removed from office for a limited number of reasons in between elections, including:

• expulsion from the Legislative Assembly of Ontario by fellow MPPs
• disqualification from holding office for legal reasons
• resignation

Unlike British Columbia and Alberta, Ontario does not have “recall” legislation that allows residents to start a petition to remove an MPP.

British Columbia’s Recall and Initiative Act, 1995 and Alberta’s Recall Act, 2021 allow voters to start petitions to remove Members of the Legislative Assembly (MLA) or local representatives and initiate a by-election to elect someone else. In 2025, Alberta’s legislation is actively being used to recall many of the members of the party that passed the legislation in a grassroots movement called Operation Total Recall.

Expulsion by Legislative Assembly of Ontario

The Supreme Court of Canada case New Brunswick Broadcasting Co. v. Nova Scotia ruled that provincial legislatures possess all powers “necessary” to function as a legislative body and maintain their dignity and integrity. This includes the power to discipline and expel members who conduct themselves disgracefully.

The power is also referred to in the Legislative Assembly Act:

“…but this is not to be construed as affecting the right of the Assembly to expel a member according to the practice of Parliament or otherwise.”

Section 12 of the Legislative Assembly Act

Expulsion is very rare and the House of Commons (federal government) has expelled members on 4 occasions since Confederation. It is reserved for conduct considered so severe that the member is unfit to serve (e.g., serious criminal convictions or grave contempt of Parliament).

Since Confederation, there have been four cases where Members of the House of Commons were expelled for having committed serious offences. Three cases involved criminal convictions: Louis Riel (Provencher) was expelled twice, in 1874 and in 1875, for being a fugitive from justice; and Fred Rose (Cartier) was expelled in 1947 after having been found guilty of conspiracy under the Official Secrets Act. In 1891, Thomas McGreevy (Quebec West) was expelled after having been found guilty of contempt of the authority of the House.

Vacancies in Representation – House of Commons Procedure and Practice (2000)

A motion must be brought forward in the legislature to expel the member. A majority of MPPs must vote in favor of the motion.

While expulsion voids the seat, it doesn’t automatically bar a member from running for re-election.

Removal from party (caucus) doesn’t remove them from office

It is common to hear about an MPP being “kicked out” of their party. If a party leader removes an MPP from their caucus (eg., for voting against the party or bad conduct), the MPP remains in office. They sit as an Independent MPP for the remainder of their term, with all the same voting rights and salary as before.

Examples include:

• Assault with weapon charges
• Lapses in judgement and conflicts with leadership Meeting with anti-Islam campaigner Tommy Robinson
• Calling for a ceasefire between Israel and Palestine 3 days after October 7 attack and violating a “no surprises” agreement with a speech on October 23

Disqualification for legal reasons

Ineligible to hold office

Ontario’s Legislative Assembly Act outlines that if an MPP holds a job that is incompatible with being a legislator they are disqualified and their seat becomes vacant, including:

• MP or senator (s. 7)
• Appointed to office with profit of any kind by the Government of Canada or Government of Ontario (s. 8)
• Municipal member of council or member of a local board (s. 9)

or if they are:

• Under the age of 18
• No longer a Canadian citizen
• No longer a resident of Ontario

Sentenced to imprisonment for 2 or more years

If an MPP is convicted of an indictable offence and sentenced to imprisonment for two years or more they are disqualified from holding a seat:

(1) Where a person is convicted of an indictable offence for which the person is sentenced to imprisonment for two years or more and holds, at the time that person is convicted, an office under the Crown or other public employment, the office or employment forthwith becomes vacant.

(2) A person to whom subsection (1) applies is, until undergoing the punishment imposed on the person or the punishment substituted therefor by competent authority or receives a free pardon from Her Majesty, incapable of holding any office under the Crown or other public employment, or of being elected or sitting or voting as a member of Parliament or of a legislature or of exercising any right of suffrage.

Section 750 of the Criminal Code of Canada

The Act states that disqualified individuals cannot sit and vote as an MPP:

The persons qualified to sit and vote as members of the Assembly are any persons of the full age of eighteen years who are Canadian citizens resident in Ontario and not disqualified by this or any other Act from election to the Assembly

Section 6 of the Legislative Assembly Act

Major conflict of interest breach

If the Integrity Commissioner conducts and inquiry and finds that an MPP has committed a severe breach (like a major conflict of interest), they can recommend that the Assembly declare the seat vacant:

Where the Commissioner conducts an inquiry under subsection 31 (1) or (2) and finds that the member has contravened any of sections 2 to 4, 6 to 8, 10 to 12 or 14 to 18, has failed to file a private disclosure statement or a statement of material change within the time provided by section 20, has failed to disclose relevant information in that statement or has contravened Ontario parliamentary convention, the Commissioner shall recommend in his or her report,

(a)  that no penalty be imposed;

(b)  that the member be reprimanded;

(c)  that the member’s right to sit and vote in the Assembly be suspended for a specified period or until a condition imposed by the Commissioner is fulfilled; or

(d)  that the member’s seat be declared vacant.

Section 34 of the Members’ Integrity Act

The Legislature then votes to accept or reject this recommendation to enforce it. They cannot change the penalty.

Receiving a reward for work on any bill

No member of the Assembly shall knowingly accept or receive, either directly or indirectly, any fee, compensation or reward for or in respect of the drafting, advising upon, revising, promoting or opposing any bill, resolution, matter or thing submitted or intended to be submitted to the Assembly or a committee thereof.

Any contravention of section 41 is a corrupt practice, and an action alleging the contravention may be commenced within the time provided in the Limitations Act, 2002 in the same manner and the procedure shall be the same as in the case of other actions under sections 99 to 111 (Contested Elections) of the Election Act.

If judgment is recovered against a member of the Assembly for any penalty under section 43, or if by a resolution of the Assembly it is declared that a member has been guilty of a contravention of section 41, or if it is adjudged by the Superior Court of Justice in an action mentioned in section 44 that a member has been guilty of a contravention of section 41, the member’s election becomes void and his or her seat shall be vacated, and a writ shall issue for a new election as if he or she were dead and the member is incapable of being elected to or of sitting in the Assembly during the remainder of the term for which he or she was elected.

Section 41, 43 and 45 of the Legislative Assembly Act

Resignation

An MPP can voluntarily choose to step down. This is the most common reason a seat becomes vacant between elections.

MPPs often resign to run for federal office, due to health reasons, or following a scandal where they face intense pressure to quit.

A member elect may at any time before his or her election is complained of disclaim his or her seat in the manner hereinafter provided, and the member thereby vacates the seat and ceases to be a member in respect of the seat so disclaimed.

Section 17 of the Legislative Assembly Act