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17-G-2021-07 – Adaptation for ballot production at certain advance polls(Northwest Territories and Thunder Bay–Rainy River)

Canada Elections Act

44th General Election

Adaptation for ballot production at certain advance polls (Northwest Territories and Thunder Bay–Rainy River)

Date of issue: September 13, 2021

Number: 17-G-2021-07

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

Whereas subsection 171(2) of the Canada Elections Act ("the Act") provides that an advance polling station shall be open from 9:00 a.m. to 9:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, namely September 10, 11, 12 and 13, 2021;

Whereas, sections 115 and 116 of the Act prescribe rules for the production of ballots;

Whereas given higher than expected voter turnout at the first three days of advance polls, there is reason to believe one or more advance polling stations established in the electoral districts of Northwest Territories and Thunder Bay–Rainy River may run out of ballots prepared pursuant to section 116 of the Act and be unable to replenish those ballots before the close of advance polls;

Whereas it is necessary for advance polling stations in these communities to have the required ballots in order for advance voting to take place;

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.

1. Section 173.2 of the Act, enacted by adaptation 17-G-2021-06 of September 9, 2021, is replaced by the following:

173.11 (1) Where on an advance polling day, before the close of polls, it is evident to the election officer that:

(a) the ballot papers remaining in the possession of the election officer will be insufficient to permit the remaining electors who wish to vote or who are likely to vote in that polling station to vote; and

(b) the supply of those ballot papers cannot be sufficiently replenished before the close of polls;

the election officer shall ensure that he or she always retains at least one ballot paper in his or her possession and shall, without delay, arrange for photocopies to be made of the front of the ballot paper for his or her polling station in sufficient supply to enable the remaining electors to vote.

(2) The election officer shall count and make a record of the total number of photocopies of the ballot made pursuant to this direction.

(3) The election officer shall keep all of those photocopies in his or her possession until used by an elector to vote.

(4) The election officer who makes copies under subsection (1) shall take all measures set out in the instructions received from the Returning Officer.

173.2 A ballot produced in accordance with section 173.1 or section 173.11 is deemed, for the purposes of this Act, to be a ballot printed in accordance with sections 115 and 116.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer