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November 15, 2012 – Onsite Conformity Program

NOVEMBER 26, 2012, BY-ELECTIONS
in the ELECTORAL DISTRICTS of
CALGARY CENTRE, DURHAM AND VICTORIA

ADAPTATION OF THE CANADA ELECTIONS ACT PURSUANT TO SUBSECTION 17(1) OF THAT ACT FOR THE PURPOSES OF PERMITTING ADDITIONAL CENTRAL POLL SUPERVISORS NOT RESIDENT IN THE ELECTORAL DISTRICT TO PERFORM TASKS IN THE CONTEXT OF AN ON-SITE CONFORMITY PROGRAM

WHEREAS by-elections were called on October 21, 2012, in the electoral districts of Calgary Centre, Durham and Victoria, with polling day on November 26, 2012;

WHEREAS during the 41st general election, it was found that irregularities occurred at the taking of the vote and that such irregularities can have a serious impact on public confidence in the integrity of the electoral process;

WHEREAS an on-site conformity program was devised by the Office of the Chief Electoral Officer for the purposes of these by-elections to monitor electoral operations and record-keeping practices of poll workers to prevent irregularities, as well as to better understand the problems caused by the increased complexity of electoral operations at the polls in order to find appropriate solutions;

WHEREAS section 124 of the Act provides that the role of the central poll supervisor is to supervise proceedings and keep the returning officer informed of any matter that adversely affects, or is likely to adversely affect, the proceedings;

WHEREAS additional central poll supervisors are required to carry out the on-site conformity program for these by-elections, in accordance with the instructions of the Chief Electoral Officer;

WHEREAS there is a need to appoint persons who have previously demonstrated superior understanding of electoral processes, even though these persons may not reside in these electoral districts;

WHEREAS returning officers from other electoral districts have provided the names of individuals they have appointed as poll workers at previous elections who have demonstrated their superior knowledge of electoral processes;

WHEREAS subsection 22(4) of the Act provides that a central poll supervisor must reside in the electoral district in which he or she is to perform duties under the Act;

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 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, for the purposes of proceedings at advance polls and at ordinary polls on polling day, the Chief Electoral Officer hereby adapts the Act by adding the following subsection 124(3):

   124. (3) Notwithstanding subsection 22(4), at the request of the Chief Electoral Officer, the returning officer shall appoint qualified electors as additional central poll supervisors under subsection (2) to supervise proceedings in accordance with instructions issued by the Chief Electoral Officer.



November 15, 2012

Marc Mayrand
Chief Electoral Officer of Canada