Conservative Damien Kurek says he'll step aside for Poilievre — but by law he has to wait

Conservative Leader Pierre Poilievre has already taken a trip out to the Alberta riding he hopes to represent, after losing the Ottawa-area seat he held for more than two decades in last week's general election.

On Friday, Battle River-Crowfoot MP Damien Kurek announced he'll step aside so Poilievre can run in the riding, considered one of the safest Conservative seats in the country. 

But Poilievre will have to wait at least 30 days for that to happen, and likely more.

According to the Office of the Speaker of the House of Commons, Members of Parliament can't resign their seat until 30 days after their election result is published in the Canada Gazette, the federal government's official publication. 

After the 2019 and 2021 federal elections, it took about a month before the chief electoral officer's validated results were published in gazette. CBC News has asked Elections Canada when it expects to publish results this time around. 

The Parliament of Canada Act sets out when a member can and can't resign. Olivier Duhaime, spokesperson for the Speaker's office, said the 30-day window is enshrined in the Canada Elections Act and "linked to the contestation period of an election."

"After this period, a member may submit their resignation unless their election is being contested," he said in a statement to CBC News.

Once Kurek is in the clear to resign, it's the Speaker who informs the chief electoral officer that a seat is vacant. 

The Governor General, on the advice of the prime minister and cabinet, then sets the date for the byelection. A byelection can be called between 11 and 180 days after an MP resigns.

Prime Minister Mark Carney said Friday he won't go the long route.

"I will ensure that it happens as soon as possible. No games, nothing," he told reporters at a news conference. 

That could mean Poilievre will be back to leading the Opposition and facing off against the prime minister at some point during the fall sitting.

Kurek first won the seat of Battle River-Crowfoot in 2019 and was re-elected last week with almost 82 per cent of the vote.

In his statement Friday, Kurek said he plans to run in Battle River-Crowfoot again in the next general election

"An unstoppable movement has grown under [Poilievre's] leadership, and I know we need Pierre fighting in the House of Commons to hold the Liberal minority government to account," he said.  

Poilievre lost his seat of Carleton to Liberal candidate Bruce Fanjoy by more than 4,000 votes, leaving the Conservatives without its leader in the House of Commons.

Poilievre, originally from Calgary, called Kurek's move "selfless."

Other MPs who stepped aside were rewarded

The Conservative leader posted photos from the riding on Monday, where he met with Kurek's family and team.

In an accompanying video, Poilievre addressed Monday's results for the the first time since his concession speech, acknowledging "it didn't go how we wanted."

"But when you get knocked down, you get up and get going," he said to the camera.

There's some precedent of MPs stepping aside for their party leaders.

After winning the 1983 Progressive Conservative leadership, Brian Mulroney was on the hunt for a seat. Nova Scotia MP Elmer MacKay, father of former Conservative cabinet minister Peter MacKay, resigned his Central Nova seat and Mulroney was able to lead the Opposition.

WATCH | Opposition parties are holding meetings to discuss their futures: 

Conservatives, NDP work on their paths forward before Parliament’s return | Power & Politics

26 days ago

Duration 19:19

Conservative caucus members will gather Tuesday for their first-post election meeting since party leader Pierre Poilievre lost his seat to pick an interim leader of the Official Opposition. And New Democrats are meeting Monday night to select an interim leader to replace Jagmeet Singh who also lost his seat in last week's election. The Power Panel discusses the future for both opposition parties.

Mulroney ran in his home riding of Manicouagan in the 1984 general election, which his party won in a landslide. MacKay was re-elected in Central Nova that same year and served in Mulroney's cabinet. 

In 1990, New Brunswick MP Fernand Robichaud ceded his riding of Beauséjour so Liberal Party Leader Jean Chrétien could run in a byelection. Chrétien had represented the Saint-Maurice area of Quebec under former prime minister Pierre Elliott Trudeau, but had resigned before making his successful leadership push. 

When the 1993 general election rolled around, Chrétien ran in St-Maurice, which includes his hometown of Shawinigan, and Robichaud successfully re-offered in Beauséjour.

Robichaud went on to serve in Chrétien's cabinet and was later appointed to the Senate.