October 10, 2008 – Incumbent Candidates
40TH GENERAL ELECTION
ADAPTATION OF SECTION 143
OF THE CANADA ELECTIONS ACT
BY THE ADDITION OF A NEW SUBSECTION 143(4.1)
PURSUANT TO SUBSECTION 17(1) OF THAT ACT
WHEREAS the 40th federal general election was called on September 7, 2008, with polling day on October 14, 2008;
WHEREAS section 6 of the Canada Elections Act provides that every person who is qualified as an elector is entitled to have his or her name included in the list of electors for the polling division in which he or she is ordinarily resident and to vote at the polling station for that polling division;
WHEREAS section 10 of the Canada Elections Act provides for an exception to that rule to the effect that each candidate at a general election who, on the day before the dissolution of Parliament immediately before the election, was a member, and any elector living with the candidate on that day who would move, or has moved, with the candidate to continue to live with the candidate, is entitled to have his or her name entered on the list of electors for, and to vote at the polling station that is established for, the polling division in which is located
(a) the place of ordinary residence of the former member;
(b) the place of temporary residence of the former member in the electoral district in which the former member is a candidate;
(c) the office of the returning officer for the electoral district in which the former member is a candidate; or
(d) the place in Ottawa or in the area surrounding Ottawa where the former member resides for the purpose of carrying out parliamentary duties.
WHEREAS subsections 143(2) and (3) require that an elector prove his or her identity and residence:
- either by providing one piece of identification issued by a Canadian government or two pieces of identification authorized by the Chief Electoral Officer;
- or by taking the prescribed oath if he or she is accompanied by an elector whose name appears on the list of electors for the same polling division and who provides the pieces of identification referred to in subsection 143(2) and vouches for the elector, including his or her residence in the voting division;
WHEREAS a number of electors availed themselves of the options provided in paragraphs 10 (b), (c) or (d) and were registered at an address other than that of their place of ordinary residence, that is, a place of temporary residence in the electoral district in which the former member is a candidate, the office of the returning officer for the electoral district in which the former member is a candidate, or the place in Ottawa or in the area surrounding Ottawa where the former member resides for the purpose of carrying out parliamentary duties.
WHEREAS, on polling day, these electors will not have authorized pieces of identification to prove their residence at that address and will not be in a position to satisfy the deputy returning officer that their identity and residence has been proven in accordance with subsections 143(2) or (3), thus permitting the elector's name to be crossed off the list and, subject to section 144, ensuring that the elector is immediately allowed to vote.
AND WHEREAS subsection 17(1) of the Canada Elections Act provides that:
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, the Canada Elections Act is hereby adapted as follows by the addition of subsection 143(4.1) immediately after subsection 143(4):
143(4.1) Despite subsections (2), (3) and (4), if an elector was registered at an address other than that of his or her place of ordinary residence in a situation set out in paragraphs 10 (b), (c) or (d) and if the deputy returning officer is satisfied that the elector's identity has been proven, the elector's name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.
October 10, 2008
Chief Electoral Officer of Canada