Adaptations made to the CEA pursuant to s. 17 in the 40th, 41st, 42nd, and 43rd General Elections – CEO Appearance on Bill C-19, An Act to amend the Canada Elections Act (COVID-19 response)

Key Messages

• The adaptation power is essential and is used in all general elections (GEs) to adjust to exceptional circumstances.
• Adaptations are made transparently. Each is immediately published on Elections Canada's website, along with a detailed justification and explanation. This information is also included in the Chief Electoral Officer's (CEO) reports to Parliament following a general election or by-election.
• We are not aware of any controversy having arisen from the use of the adaptation power by the CEO. In some cases, adaptations have led to subsequent amendments to the Canada Elections Act (CEA) in order to make them permanent.

Facts

• Over the last four general elections, the CEO has exercised his authority under subs. 17(1) of the CEA a total of 33 times.
• A total of 7 adaptations (out of 33 adaptations, or 21%) were made to safeguard the voting rights of electors impacted by severe weather events.
  • In the 43rd GE: two adaptations related to severe weather in Manitoba ^{footnote 1}
  • In the 42nd GE: two adaptations related to severe flooding ^{footnote 2}
  • In the 41st GE: three adaptations related to severe flooding ^{footnote 3}
• A total of 7 adaptations (out of 33 adaptations, or 21%) were made to respond to higher-than-expected voter turnout or long waits at polling stations. Amendments since brought to the CEA provide returning officers (ROs) with more flexibility in managing election workers.
  • In the 42nd GE: two adaptations safeguarded electoral rights, ^{footnote 4} and one ensured the counting of advance ballots was not delayed by higher turnout ^{footnote 5}
  • In the 41st GE: one adaptation permitted ROs to appoint central poll supervisors at polling sites consisting of one or more polling stations, ^{footnote 6} one adaptation permitted additional poll workers at advance polls, ^{footnote 7} and one adaptation permitted the establishment of a second polling station in a seniors' residence where some electors were facing long waits to vote ^{footnote 8}
  • In the 40th GE: one adaptation allowed ROs to appoint additional poll officials, including additional deputy returning officers (DROs) and poll clerks ^{footnote 9}
• A total of 5 adaptations (out of 33 adaptations, or 15%) were made to mitigate errors made by ROs and election workers ^{footnote 10} .
• A total of 4 adaptations (out of 33 adaptations, or 12%) were made to enable ROs to secure premises suitable for voting.
  • Three adaptations allowed ROs to establish polling sites in an adjacent electoral district (ED)^{footnote 11} or an adjacent polling district of another ED. ^{footnote 12}
  • One adaptation allowed ROs to establish their office outside of their ED if they were unable to establish their office within it. ^{footnote 13}
• Parliament amended the CEA to address some issues that the CEO had previously addressed using his subs. 17(1) authority, namely:
  • to allow for the establishment of mobile advanced polls in isolated communities; ^{footnote 14}
  • to mitigate complications stemming from federal by-elections being superseded by a federal GE; ^{footnote 15}
  • to safeguard the statutory right of a candidate who was a Member of Parliament immediately before an election (and electors living with them) to vote in an ED other than the one in which their place of ordinary residence is located; ^{footnote 16}
  • to safeguard the electoral rights of incarcerated electors, including in response to the Supreme Court's decision in Sauvé; ^{footnote 17} and
  • to authorize the recovery of ballot boxes believed to be interfered with while in the custody of a DRO. ^{footnote 18}