Instructions to permit an elector whose application for registration and special ballot has been accepted to vote at their polling station on polling day

Canada Elections Act

By-elections

Instructions to permit an elector whose application for registration and special ballot has been accepted to vote at their polling station on polling day

Date of issue: November 24, 2022

Number: 179-B-2022-02

Whereas the writ for a by-election called for the electoral district of Mississauga—Lakeshore (Ontario) was issued on November 6, 2022 with polling day on December 12, 2022;

Whereas the Chief Electoral Officer has issued Instructions for the adaptation of Part 11 of the Canada Elections Act so that its provisions apply to a by-election on September 21, 2020, pursuant to subsection 178(2) of the Canada Elections Act;

Whereas the Chief Electoral Officer has thereby given effect to the Special Voting Rules as Adapted for the Purposes of a By-election (the Rules) found in the Schedule to those instructions;

Whereas Divisions 3 and 4 of the Rules permit electors residing outside Canada and those residing in Canada, respectively, to make an application for registration and special ballot and to vote by special ballot;

Whereas section 235 of the Rules provides, with respect to electors residing in Canada, that an elector may only vote under the special voting rules once his or her application for registration and special ballot has been accepted;

Whereas under subsections 227(1) or 237(1) of the Rules, as the case may be, a special ballot is sent to an elector, by mail or courier, after the issue of the writs and the acceptance of the application for registration and special ballot made by the elector;

Whereas circumstances outside the control of an elector whose application for registration and special ballot has been accepted, such as a delay affecting the delivery of the special ballot to the elector, may prevent the elector from voting by special ballot;

Whereas the Chief Electoral Officer wants to preserve the right to vote of electors whose application for registration and special ballot has been accepted but whom could be prevented from voting by special ballot;

And Whereas section 179 of the Rules provides the following:

179. For the purpose of applying these Rules to, or adapting any provision of these Rules in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute their intent.

Therefore, pursuant to section 179 of the Rules, the Chief Electoral Officer issues the following instructions:

1. These instructions apply during the December 12, 2022 by-election in the electoral district of Mississauga—Lakeshore (Ontario), when an elector whose application for registration and special ballot has been accepted is prevented from voting by special ballot by reason of circumstances outside his or her control.
2. An eligible elector may, on polling day, at their assigned polling station, request on the prescribed form to have their application for registration and special ballot annulled.
3. Upon request by an elector, the election officer may, where he or she is of the opinion that the circumstances described at paragraph 1 apply to the elector, annul the application for registration and special ballot made by the elector.
4. An eligible elector is, for the purposes of paragraph 2, an elector whose application for registration and special ballot has been accepted but who is prevented from voting by special ballot at the election, including in cases where:
   1. the elector did not receive their special ballot voting kit; or
   2. the elector did receive their special ballot voting kit but cannot use it to vote.
5. Where he or she annuls the application for registration and special ballot made by an elector, the election officer shall:
   1. advise the elector of the penalty that may be imposed under the Canada Elections Act on a person who contravenes subsection 281.5(2) of that Act; and
   2. ensure that the indication to the effect that the elector has received a special ballot is removed from the list of electors for the polling division of the elector's place of ordinary residence.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer