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Day on which incarcerated electors are entitled to vote

INSTRUCTION ISSUED PURSUANT TO SECTION 179
OF THE CANADA ELECTIONS ACT FOR THE PURPOSES OF THE
41ST GENERAL ELECTION

DAY ON WHICH INCARCERATED ELECTORS ARE ENTITLED TO VOTE

WHEREAS Division 5 of Part 11 of the Canada Elections Act sets out specific rules for the vote by special ballot of incarcerated electors;

WHEREAS subsection 245(1) of the Canada Elections Act provides that every person who is incarcerated and who is otherwise qualified to vote is entitled to vote under that Division on the 10th day before polling day, subsection 250(2) indicates during which hours the vote is to take place on that day, and subsection 251(1) sets out certain activities that must occur prior to the vote being held that day;

WHEREAS voting on that day constitutes the only opportunity for these electors to exercise their right to vote under the Act;

WHEREAS the 10th day before polling day, April 22, 2011, is a holiday at the federal level as well as in all provinces;

AND WHEREAS many administrators of federal and provincial correctional services have informed the Office of the Chief Electoral Officer of Canada that they cannot assure the availability and presence of personnel necessary to the conduct of the vote in correctional institutions under their jurisdiction, if the vote takes place on a holiday;

THEREFORE, pursuant to section 179 of the Canada Elections Act, the Chief Electoral Officer issues the following instruction for the purposes of the 41st general election:

The reference to the 10th day before polling day in subsections 245(1), 250(2) and 251(1) of the Canada Elections Act is to be read as a reference to the 11th day before polling day in these same provisions.


April 4, 2011



Marc Mayrand
Chief Electoral Officer of Canada