17-G-2021-02 – Adaptation to permit returning officers to establish an office outside of their electoral district

Canada Elections Act

44th General Election

Adaptation to permit returning officers to establish an office outside of their electoral district

Date of issue: August 18, 2021

Number: 17-G-2021-02

Whereas the writs for the 44th General Election were issued on August 15, 2021, with polling day on September 20, 2021;

Whereas subsection 60(1) of the Canada Elections Act (“the Act”) provides that every returning officer shall, without delay after receiving notice of the writ, open an office in premises that are accessible to electors with a disability in a convenient place in the electoral district and shall maintain the office throughout the election period;

Whereas subsection 30(1) of the Act provides that, on request by a returning officer, the Chief Electoral Officer may designate areas in the returning officer’s electoral district and authorize, in writing, the appointment of an assistant returning officer, in addition to the assistant returning officer appointed under subsection 26(1), for each of those areas;

Whereas subsection 30(2) of the Act provides that a returning officer shall appoint an additional assistant returning officer and establish an office in each area designated by the Chief Electoral Officer.

Whereas electors are able to vote in the returning officer’s office and in the additional assistant returning officer’s office during the election period;

Whereas there is no provision in the Act allowing for a returning officer to open an office—or an additional assistant returning officer’s office—in an adjacent electoral district if the returning officer is unable to secure suitable premises to be used as an office within the electoral district;

Whereas returning officers for the following electoral districts have been unable, despite exhaustive searches, to secure suitable premises to be used as an office within the electoral district:

And Whereas subsection 17(1) of the Act provides 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, for the sole purpose of enabling electors to exercise their right to vote or enabling the counting of votes, 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, pursuant to subsection 17(1) of the Act, the Chief Electoral Officer adapts the Canada Elections Act as follows:

1. Section 30 of the Act is amended by adding the following after subsection (2):

Exception—office in an adjacent electoral district

(2.1) A returning officer may open an office referred to in subsection (2) in an adjacent electoral district with the approval of the Chief Electoral Officer.

2. Section 60 of the Act is amended by adding the following after subsection (1):

Exception—office in an adjacent electoral district

(1.1) If a returning officer is unable to secure suitable premises to be used as an office within the electoral district, the returning officer may open an office in an adjacent electoral district with the prior approval of the Chief Electoral Officer.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer

Note: Following the issue of this adaptation, the Chief Electoral Officer has also authorized its use for the electoral district of Mississauga–Streetsville (Ontario).

Updated on August 20, 2021