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Candidates who were Members of Parliament at the dissolution of Parliament

41ST GENERAL ELECTION

ADAPTATION OF SECTION 10
OF THE CANADA ELECTIONS ACT
BY THE ADDITION OF THREE NEW SUBSECTIONS
PURSUANT TO SUBSECTION 17(1) OF THAT ACT

WHEREAS the 41st federal general election was called on March 26, 2011, with polling day on May 2, 2011;

WHEREAS section 6 of the Canada Elections Act provides that every person who is qualified as an elector is entitled to have his or her name included in the list of electors for the polling division in which he or she is ordinarily resident and to vote at the polling station for that polling division;

WHEREAS section 10 of the Canada Elections Act provides for an exception to that rule to the effect that each candidate at a general election who, on the day before the dissolution of Parliament immediately before the election, was a member, and any elector living with the candidate on that day who would move, or has moved, with the candidate to continue to live with the candidate, is entitled to have his or her name entered on the list of electors for, and to vote at the polling station that is established for, the polling division in which is located

(a) the place of ordinary residence of the former member;

(b) the place of temporary residence of the former member in the electoral district in which the former member is a candidate;

(c) the office of the returning officer for the electoral district in which the former member is a candidate; or

(d) the place in Ottawa or in the area surrounding Ottawa where the former member resides for the purpose of carrying out parliamentary duties.

WHEREAS section 101 and subsections 161(1), 169(1) and 233(1) require that an elector who registers to vote provide a proof of residence;

WHEREAS electors who wish to exercise their right to vote pursuant to paragraphs 10(1)(b), (c) or (d) would not be able to provide a proof of residence at these locations;

AND WHEREAS subsection 17(1) of the Canada Elections Act provides that:

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, the Canada Elections Act is hereby adapted:

Section 10 is renumbered as subsection 10(1).

Subsections 10(2), (3) and (4) are added as follows:

(2) For the purposes of sections 101, 161 and 169, the addition of an elector referred to in subsection (1) to the list of electors for the polling station corresponding to the site described in paragraph (1)(b), (c) or (d) is done in the following manner:

(a) the elector states his or her wish to exercise the right described in these paragraphs;

(b) the elector proves his or her place of ordinary residence as required by section 101, 161 or 169, as applicable;

(c) the returning officer, the assistant returning officer, the deputy returning officer or the registration officer, as applicable, adds the name of the elector to the list of electors or sees to it that the name of the elector is added to the list of electors;

(d) for the purposes of this list of electors, the site described in paragraph (1)(b), (c) or (d), as applicable, is identified as the civic address of the elector, and the address of his or her place of ordinary residence is the mailing address.

(3) For the purposes of subsection 233(1), the addition of an elector referred to in subsection (1) to the list of electors for the polling division corresponding to the site described in paragraph (1)(b), (c) or (d) is done in the following manner:

(a) the elector states his or her wish to exercise the right described in these paragraphs;

(b) the elector attaches satisfactory proof of his or her place of ordinary residence to his or her application for registration and special ballot;

(c) the elector indicates on his or her application for registration and special ballot the address of the site described in paragraph (1)(b), (c) or (d), as applicable, in the field provided for the elector's place of ordinary residence, and indicates his or her actual place of ordinary residence in the field provided for the elector's mailing address.

(4) For greater certainty, the changes provided for in subsections (2) and (3) do not change the elector's place of ordinary residence for the other purposes of this Act.



April 20, 2011

Marc Mayrand
Chief Electoral Officer of Canada