Independent MLA Lenore Zann may be a candidate in the upcoming federal election but she says she'll continue to serve as a provincial politician until the writ is dropped, something that will happen in September.

Zann, who until recently represented the NDP in the Nova Scotia Legislature, won the federal Liberal nomination for Cumberland-Colchester on Saturday.

By law, a federal candidate cannot hold a seat in the legislature, but they don't have to resign until their nomination papers are submitted to Elections Canada and that doesn't have to happen until the 21st day before election day. This year's election is Oct. 21.

While three Nova Scotia Progressive Conservative MLAs who have earned federal nominations plan to resign on Wednesday, Zann said she's not ready to do the same.

"My first priority is to make sure my constituents are not left in the lurch. They need representation," she said via text message from Ottawa, where she's attending a two-day campaign school.

"So I fully intend to keep working hard as their MLA until the writ is dropped. I have prior commitments for meetings with constituents all summer and will follow through with all of those."

Premier's plan for change

Premier Stephen McNeil has heavily criticized MLAs — including Zann — for not resigning as soon as they secure federal nominations, saying such politicians are essentially collecting a paycheque for one job while campaigning for another.

McNeil has pledged to amend the House of Assembly Act during the fall session to make it clear someone must leave their post as an MLA without delay after winning a federal nomination. Last month, he told CBC News he would call byelections right after the resignation of the MLAs eyeing a jump to Ottawa.

"I will call a byelection so [constituencies] will have representation in the House this fall sitting," he said. "I will call it immediately."

The final day of work for outgoing PC MLAs Chris d'Entremont, Eddie Orrell and Alfie MacLeod will be July 31. (Robert Short/CBC/Pat Callaghan/CBC/CBC)

In the case of Tory MLAs Chris d'Entremont, Alfie MacLeod and Eddie Orrell, immediately would be Thursday. Last week, however, the premier, who said he's leaning toward recalling the House sometime in September, seemed to soften his position.

"I'll call the byelections when we're ready," he told reporters following a cabinet meeting.

"I've got a window here now which is very narrow when it comes to the federal election campaign. If they had all stepped down when they were actually nominated, we would have had a number of months — we could have almost had the byelections over with today."

MacLeod was acclaimed as a candidate in mid-June, d'Entremont won his nomination June 23 and Orrell won his July 14. A byelection campaign lasts at least 30 days from the time it is called.

Campaigning on vacation

Should the premier bring the House back before the writ is dropped for the federal election, Zann said she would be there, continuing to sit as an Independent.

She said she usually takes summer vacation during the last week of August or beginning of September and would use that time to campaign.

"As soon as the writ is dropped I intend to meet with Elections Canada and once approved as an official candidate I will go to the Speaker's office in Province House and resign as a provincial MLA."

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