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September 27, 2008 - Revisions Made During Superseded By-elections

40TH GENERAL ELECTION
POLLING DAY OCTOBER 14, 2008

ADAPTATION OF SECTION 96
OF THE CANADA ELECTIONS ACT
PURSUANT TO SUBSECTION 17(1) OF THAT ACT


WHEREAS the 40th federal general election was called on September 7, 2008 with polling day to be held on October 14, 2008;

WHEREAS section 93 of the Canada Elections Act provides that, as soon as possible after the issue of a writ, the Chief Electoral Officer prepares a preliminary list of electors for each polling division in an electoral district and sends it to the returning officer for the electoral district;

WHEREAS section 96 of that Act provides that, as soon as possible after the issue of a writ, the Chief Electoral Officer fixes the commencement date for the revision of the preliminary lists of electors;

WHEREAS section 97 of that Act provides that the returning officer, the assistant returning officer and the revising agents for an electoral district may receive applications for additions or corrections to, or deletion from, a preliminary list of electors for their electoral district, and that such applications must be approved by the returning officer or the assistant returning officer;

WHEREAS section 99 of that Act provides that the returning officer and assistant returning officer for an electoral district must revise the preliminary lists of electors for their electoral district by adding the names of electors who were omitted from the lists, correcting information respecting electors whose names are on the lists and deleting the names of persons whose names was incorrectly inserted on the lists;

WHEREAS at the time of the issue of the writs for the 40th general election, four by-elections were ongoing in the electoral districts of Saint-Lambert, Westmount—Ville-Marie, Don Valley West and Guelph, and that in accordance with section 31 of the Parliament of Canada Act, the writs for these by-elections were deemed to have been superseded and withdrawn with the issue of the writs for the 40th general election;

WHEREAS revisions to the preliminary lists of electors for these electoral districts had been done at the time of the issue of the writs for the 40th general election;

WHEREAS these revisions were never incorporated into the National Register of Electors, from which the preliminary lists of electors are prepared for the purposes of the 40th general election;

WHEREAS the Canada Elections Act does not contain a mechanism that allows the revisions that were made during a by-election to be captured as revisions for the purposes of the general election that supersedes the by-election;

WHEREAS the deemed superseding and withdrawal of a writ of by-election by the issue of the writs for a general election is an unusual circumstance;

AND WHEREAS subsection 17(1) of the Canada Elections 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, section 96 of the Canada Elections Act is hereby adapted by renumbering it as 96(1), and by adding the following:

96.(2) If a writ is deemed to have been superseded and withdrawn under subsection 31(3) of the Parliament of Canada Act, any revisions to the preliminary lists of electors done prior to the deemed withdrawal of the writ shall be deemed to have been approved by the returning officer or the assistant returning officer on the day fixed by the Chief Electoral Officer under subsection (1) as the commencement date for the revision of the preliminary lists of electors.



September 27, 2008




Marc Mayrand
Chief Electoral Officer of Canada