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Instructions to facilitate the vote by special ballot for local electors

Canada Elections Act

By-elections

Instructions to facilitate the vote by special ballot for local electors

Date of issue: November 24, 2022

Number: 179-B-2022-03

Whereas the writ for a by-election called for the electoral district of Mississauga—Lakeshore (Ontario) was issued on December 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 the Rules permit electors residing in Canada 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 vote only under the special voting rules once their application for registration and special ballot has been accepted;

Whereas under subsection 239(2) of the Rules, an elector whose application for registration and special ballot was accepted by the returning officer of their electoral district—a local elector—and who returns their special ballot to the office of that returning officer shall ensure that the special ballot is received at that office before the close of polling stations on polling day;

Whereas Division 7 of Part 11 of the Rules provides that local electors' special ballots received at the office of the returning officer for their electoral district are counted at that office;

Whereas under paragraph 277(1)(d) of the Rules, a local elector's inner envelope is set aside when the outer envelope is received after the deadline prescribed by subsection 239(2) of the Rules;

Whereas the Chief Electoral Officer expects an increase of applications for registration and special ballot from local electors following the unprecedented number of requests to vote by special ballot during the 44th general election;

Whereas this increase could cause delays in the receipt of outer envelopes at returning officers' offices and that, in those particular circumstances, the Chief Electoral Officer wants to facilitate the vote by special ballot for local electors by giving them the option to return their outer envelope at their polling station, until the close of their polling station on polling day;

And whereas section 179 of the Rules 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 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).

2. On polling day, the returning officer shall make available to local electors, at each polling station, a ballot box for the reception of outer envelopes.

3. An elector whose application for registration and special ballot has been approved by the returning officer of their electoral district may, for their special ballot to be counted, forward their special ballot to the returning officer's office by giving the special ballot to an election officer in a polling station of the electoral district, on polling day, before the close of the polling station.

4. The election officer to whom a local elector gives, in accordance with paragraph 3, their outer envelope shall deposit the latter in the ballot box mentioned at paragraph 2.

5. At the close of the polling station, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present, and in accordance with operational instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions with regard to outer envelopes deposited in the ballot box mentioned at paragraph 2. These measures shall include, among other things, the requirement for an election officer to deliver in person to the office of the returning officer the outer envelopes received in that ballot box.

6. For the purposes of paragraph 277(1)(d) of the Rules, no inner envelope shall be set aside by reason that the outer envelope was received at the office of the returning officer after the close of the polling stations, on polling day, if that outer envelope was received by an election officer in accordance with paragraph 3.


(Original Signed)

Stéphane Perrault
Chief Electoral Officer