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November 13, 2014 – Mobile polling station outside the electoral district of Whitby—Oshawa

November 17, 2014 by-election in the electoral district of Whitby—Oshawa (Ontario)

Adaptation of the Canada Elections Act pursuant to subsection 17(1) of that act for the purpose of allowing the establishment of a mobile polling station outside the electoral district of Whitby—Oshawa



Whereas on October 12, 2014 a writ was issued for a by-election in the electoral district of Whitby—Oshawa (Ontario) with polling day on November 17, 2014;

Whereas subsection 538(5) of the Canada Elections Act allows a returning officer to establish polling divisions that constitute of two or more institutions where seniors or persons with a physical disability reside;

Whereas subsection 125(1) of the Act allows the returning officer to establish a mobile polling station to be located in an institution referred to under subsection 538(5);

Whereas there was a fire on October 27, 2014 in Whitby--Oshawa which destroyed Fairview Lodge, an institution where seniors or persons with a physical disability reside, which would otherwise have been the location for a mobile polling station;

Whereas a large number of residents from Fairview Lodge are now living at Hillsdale Estates, at 590 Oshawa Street N., Oshawa, Ontario, which is outside the electoral district, and are not in a position to travel to a regular polling station on polling day due to physical disability;

Whereas it is necessary to set up a mobile polling station at Hillsdale Manor to permit those electors to vote;

And whereas subsection 17(1) of the Act provides 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, for the sole purpose of enabling electors to exercise their right to vote or enabling the counting of votes, 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, pursuant to subsection 17(1) of the Act, the Chief Electoral Officer hereby adapts the Canada Elections Act for the purpose of allowing Returning Officers to establish an additional mobile poll as follows:

A new subsection 125.1 is added after section 125, as follows:

125.1. Where, by reason of fire, flood or other emergency, electors residing in an institution referred to in s. 125(1) are temporarily moved to another place of residence outside the electoral district, the returning officer may establish a mobile polling station at that temporary place of residence to enable these electors to vote.



November 13, 2014

Marc Mayrand
Chief Electoral Officer of Canada