179-G-2021-04 – Instructions aimed at allowing different voting procedures to be held under Division 2 of Part 11 of the Canada Elections Act
Canada Elections Act
44th General Election
Instructions aimed at allowing different voting procedures to be held under Division 2 of Part 11 of the Canada Elections Act
Date of issue: August 30, 2021
Whereas the writs for the 44th General Election were issued on August 15, 2021, with polling day on September 20, 2021;
Whereas Division 2 of Part 11 of the Canada Elections Act ("the Act") permits Canadian Forces electors to make an application for registration and special ballot and to vote by special ballot at a polling station established at their unit;
Whereas section 190 of the Act provides that the voting period for Canadian Forces electors is the period beginning 14 days before polling day and ending 9 days before polling day;
Whereas subsection 205(3) of the Act requires each commanding officer to fix the voting times so that the polling stations in their unit are open for at least three hours a day on at least three days during the voting period;
Whereas a liaison officer designated by the Minister of National Defense under subsection 199.2(1) of the Act has been advised by the commanding officers for Her Majesty’s Canadian Ships (HMCS) Harry DeWolf, Winnipeg and Fredericton that, in light of the nature of the operations at sea in which they are involved, it will be impossible to establish polling stations in the manner described at subsection 205(3);
Whereas these commanding officers have indicated to the liaison officer that they would each be in a position to offer to all Canadian Forces electors on board their ship an opportunity to vote at a polling station established on the ship for a period of 24 hours during the voting period;
Whereas the liaison officer is of the opinion that the voting procedures being proposed will give these electors a reasonable opportunity to vote;
Whereas the liaison officer has asked the Chief Electoral Officer to authorize the proposed voting procedures;
And whereas section 179 of the Act provides the following:
179. For the purpose of applying this Part to, or adapting any provision of this Part in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute its intent.
Therefore, pursuant to section 179 of the Act, the Chief Electoral Officer issues the following instructions:
1. These instructions apply during the 44th General Election.
2. The commanding officer of a designated unit may satisfy their obligation, pursuant to subsection 205(3) of the Act, to open a polling station in their unit for at least three hours a day on at least three days during the voting period by opening a polling station in their unit, during the voting period, for the hours that the commanding officer considers necessary to give electors in their unit a reasonable opportunity to vote.
3. For the purposes of paragraph 2, the designated units are:
- HMCS Harry DeWolf;
- HMCS Winnipeg; and
- HMCS Fredericton.
Chief Electoral Officer