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Issuance of transfer certificates in electoral districts affected by flooding

41st GENERAL ELECTION

ADAPTATION OF SECTION 159 OF THE CANADA ELECTIONS ACT TO
PERMIT THE ISSUANCE OF TRANSFER CERTIFICATES
IN ELECTORAL DISTRICTS AFFECTED BY FLOODING
PURSUANT TO SUBSECTION 17(1) OF THE ACT

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

WHEREAS several communities have been affected by flooding, with the result that electors have had normal routes of access to their polling stations cut off;

WHEREAS as a result many electors can more easily access a polling station other than their own;

WHEREAS sections 158 and 159 of the Canada Elections Act permit transfer certificates to be issued to an elector to allow him or her to vote at a polling station other than their own;

WHEREAS none of the conditions set out in sections 158 and 159 of the Canada Elections Act permit transfer certificates to be issued in these circumstances;

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 to add, after section 159, a new section 159.1 as follows:

159.1 A returning officer, an assistant returning officer or another election officer authorized to do so by the returning officer may issue a transfer certificate to an elector whose ability to vote in his or her polling division has been adversely affected by flooding authorizing the elector to vote at another polling station in the same electoral district.

May 2, 2011

Marc Mayrand
Chief Electoral Officer of Canada