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August 18, 2008 – Incarcerated Electors

SEPTEMBER 22, 2008 BY-ELECTION
in the ELECTORAL DISTRICT of
DON VALLEY WEST



ADAPTATION OF SECTIONS 246 AND 247
OF THE CANADA ELECTIONS ACT
PURSUANT TO SUBSECTION 17(1) OF THAT ACT



AND ADAPTATION OF SECTIONS 246 AND 262.1 OF
THE SPECIAL VOTING RULES AS ADAPTED FOR THE PURPOSES OF
A BY-ELECTION
PURSUANT TO SUBSECTION 178(2) OF THE CANADA ELECTIONS ACT



WHEREAS a by-election was called on August 17, 2008 in the electoral district of Don Valley West;

WHEREAS the effect of the Supreme Court of Canada decision in Sauvé v. Canada (Chief Electoral Officer) 2002 SCC 68 (issued October 31, 2002) is to render the ineligibility to vote of persons who are imprisoned in a correctional institution serving a sentence of two years or more as set out in paragraph 4(c) of the Canada Elections Act of no force and effect;

WHEREAS sections 244 to 262 of Part 11 of the Canada Elections Act set out special voting rules for incarcerated electors;

WHEREAS subsection 178(2) of the Canada Elections Act authorizes the Chief Electoral Officer, by instructions, to adapt Part 11 of the Act so that any or all of its provisions apply to a by-election;

WHEREAS the provisions of Part 11 of the Canada Elections Act and of the Special Voting Rules as Adapted for the Purposes of a By-election under subsection 178(2) of the Act provide only for a process for voting by persons imprisoned in a correctional institution serving a sentence of less than two years;

AND WHEREAS subsection 17(1) of the Canada Elections Act prescribes the following:

17. (1) During an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations.

THEREFORE, sections 246 and 247 of Part 11 of the Canada Elections Act are hereby adapted as follows:

246. The federal and provincial ministers responsible for corrections shall each designate a person as a coordinating officer to work, during and between elections with the Chief Electoral Officer to carry out the purposes and provisions of this Division.

247.(1) Without delay after the issue of the writs, the Chief Electoral Officer shall inform the federal and provincial ministers responsible for corrections of their issue and of the location of administrative centres.

(2) On being informed of the issue of the writs, each federal and provincial minister responsible for corrections shall

  • (a) inform the coordinating officer for the relevant jurisdiction of the issue of the writs;
  • (b) designate one or more persons to act as liaison officers in connection with the taking of the votes of electors; and
  • (c) inform the Chief Electoral Officer and the coordinating officer for the relevant jurisdiction of the name and address of each liaison officer.

AND THEREFORE, pursuant to subsection 178(2) of the Canada Elections Act, the Chief Electoral Officer hereby instructs that the above adaptation shall be adapted to apply to the by-election for the electoral district of Don Valley West by amending for the purposes of that by-election sections 246 and 262.1 of the Special Voting Rules as Adapted for the Purposes of a By-election to read as follows:

246. The federal and provincial ministers responsible for corrections shall each designate a person as a coordinating officer to work, during and between elections with the Chief Electoral Officer to carry out the purposes and provisions of this Division and of Division 5 of Part 11 of the Act.

262.1 The Chief Electoral Officer shall, where he deems it necessary for the better administration of these Rules, communicate directly with the federal or provincial Minister responsible for corrections.

All other provisions of the said Special Voting Rules as Adapted for the Purposes of a By-election shall apply for the purposes of the said by-election as they read immediately before this adaptation.

August 18, 2008




Marc Mayrand
Chief Electoral Officer of Canada