17-G-2021-08 – Adaptation to allow for transfer certificates to be issued in some circumstances on polling day

Canada Elections Act

44th General Election

Adaptation to allow for transfer certificates to be issued in some circumstances on polling day

Date of issue: September 17, 2021

Number: 17-G-2021-08

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

Whereas the coronavirus disease 2019 (COVID-19) pandemic creates unique circumstances and challenges for the administration of elections in Canada;

Whereas the public health authorities of a majority of provinces require masks or face-coverings to be worn inside buildings, while allowing exceptions for people with a medical exemption;

Whereas, in respect of these provinces, the Chief Electoral Officer has instructed election officers to enforce provincial requirements at polling stations;

Whereas the public health authorities of a minority of provinces either do not require masks or face-coverings to be worn inside buildings, or do not require masks or face-coverings to be worn inside polling stations;

Whereas, in respect of this minority of provinces, the owners or landlords of some of the premises used by returning officers to establish polling stations require, as a leasing condition or a condition for using the premises and despite the opinion of public health authorities, that any person accessing the leased premises be required to wear a mask or face-covering;

Whereas the shortage of accessible premises which may be used by returning officers to establish polling stations has forced returning officers into accepting such contractual conditions;

Whereas in some provinces electors who are reluctant to wear a mask or a face-covering may be served in other polling locations within their electoral district where masks or face-coverings are not required by public health authorities;

And Whereas subsection 17(1) of the Canada Elections 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 Canada Elections Act, the Chief Electoral Officer adapts that Act as follows:

1. Section 158 of the Canada Elections Act, as amended by adaptation 17-G-2021-01 of August 18, 2021, is amended again by adding the following after subsection (5):

Owner or landlord requiring masks or face-coverings to be worn

(6) When a polling station is located in premises in respect of which the owner or landlord requires, as a leasing condition or a condition for using the premises, that any person accessing the leased premises wear a mask or face-covering, an elector assigned to that polling station is entitled on request to receive a transfer certificate to vote at another polling station in the same electoral district, providing that this other polling station is located in premises where masks or face-coverings are not required to be worn.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer