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October 7, 2008 – Adjacent Electoral District

40TH GENERAL ELECTION



ADAPTATION OF SUBSECTION 122(1) 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 on October 14, 2008;

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 120 of the Canada Elections Act provides that each returning officer shall, for polling day, establish one polling station for each polling division;

WHEREAS an elector may vote in person at a polling station on polling day pursuant to section 127 of the Canada Elections Act;

WHEREAS subsection 122(1) of the Canada Elections Act provides that if a returning officer is unable to secure suitable premises to be used as a polling station within a polling division, he or she may establish a polling station in an adjacent polling division and all the provisions of the Act apply as if the polling station were within the polling division to which it appertains;

WHEREAS there are no suitable premises in which to establish a polling station within polling division 001 or in a polling division adjacent to polling division 001 within the electoral district of Lanark – Frontenac – Lennox and Addington;

WHEREAS there are no suitable premises in which to establish a polling station within polling divisions 079 and 091 or in a polling division adjacent to polling divisions 079 and 091 within the electoral district of Fundy Royal;

WHEREAS the Canada Elections Act does not provide for a returning officer to establish a polling station in polling division in an adjacent electoral district in the event that he or she is unable to secure suitable premises to be used as a polling station in an adjacent polling division in the same electoral district;

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, subsection 122(1) of the Canada Elections Act is hereby adapted as follows:

122.(1) If a returning officer is unable to secure suitable premises to be used as a polling station within a polling division, the returning officer may establish a polling station in an adjacent polling division or, with the prior approval of the Chief Electoral Officer, in an adjacent electoral district, and all of the provisions of this Act apply as if the polling station were within the polling division to which it appertains.

October 7, 2008




Marc Mayrand
Chief Electoral Officer of Canada