November 24, 2010 – Permitting Additional Poll Workers on Polling Day
NOVEMBER 29, 2010 BY-ELECTIONS
in the ELECTORAL DISTRICTS of
DAUPHIN–SWAN RIVER–MARQUETTE, VAUGHAN and
ADAPTATION OF THE CANADA ELECTIONS ACT
PURSUANT TO SUBSECTION 17(1) OF THAT ACT
FOR THE PURPOSES OF PERMITTING ADDITIONAL
POLL WORKERS ON POLLING DAY
WHEREAS by-elections were called on October 24, 2010 in the electoral districts of Dauphin–Swan River–Marquette, Vaughan and Winnipeg North;
WHEREAS staffing levels at polling stations on polling day were adopted in the Act before recent legislative changes were adopted that require election officers to perform additional and more complex tasks, for instance, with the adoption of new voter identification requirements and the transmission to candidates’ representatives at 30-minute intervals of information about who voted;
WHEREAS such legislative changes have also created a need to answer more information requests by electors, imposing a heavier burden on poll workers already tasked with carrying out many duties;
WHEREAS ensuring that proceedings at the polls are not delayed and that the conduct of the vote is smooth are important objectives underlying the Act;
WHEREAS the Act does not provide for the appointment of additional election officers where necessary to effectively conduct the election on polling day;
AND WHEREAS subsection 17(1) of the 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, pursuant to subsection 17(1) of the Act, the Chief Electoral Officer hereby adapts the Canada Elections Act as follows for the purposes of proceedings at the polls on polling day:
1. Subsection 22(1) is adapted by adding immediately after paragraph (o) the following additional paragraph (p):
(p) additional persons, paid under the tariff mentioned at section 542, whose presence at a polling site is necessary for the conduct of the vote, and who are appointed by the returning officer with the approval of the Chief Electoral Officer to carry out tasks as required under this Act.
2. Subsection 135(1) is adapted by adding, immediately after paragraph (f), the following additional paragraph (g):
(g) Any additional person mentioned at paragraph 22(1)(p), if the tasks he or she was appointed to carry out require that person to be present at a polling station.
3. The Act is adapted by adding, immediately after subsection 283(1), the following additional subsection (1.1):
(1.1) For the purposes of this Part, a deputy returning officer includes an additional deputy returning officer, and a poll clerk includes an additional poll clerk, where these additional deputy returning officers and additional poll clerks are persons mentioned at paragraph 22(1)(p), and the tasks they were appointed to carry out require them to be present at the count of the votes.
November 24, 2010
Chief Electoral Officer of Canada