Administration of the voting procedure provided by section 241 of the Special Voting Rules as Adapted for the Purposes of a By-election

Canada Elections Act

By-elections

Instructions related to the administration of the voting procedure provided by section 241 of the Special Voting Rules as Adapted for the Purposes of a By-election

Date of issue: November 24, 2022

Number: 179-B-2022-04

whereas the Chief Electoral Officer has issued the "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 writ for the 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 Division 4 of the Rules permits electors who reside in Canada in the electoral district in respect of which a by-election is held to make an application for registration and special ballot and to vote by special ballot;

whereas section 241 of the Rules provides that an elector who applies for registration and special ballot in person at the office of the returning officer for their electoral district after regular ballots have been printed shall vote with a regular ballot by marking the ballot in the circular space opposite the name of the candidate of their choice, placing the ballot in the inner envelope and sealing it, signing the declaration prescribed by the Chief Electoral Officer, and placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing it;

whereas 40 candidates were confirmed in the current by-election;

whereas, in view of this exceptional circumstance, the Chief Electoral Officer has adapted—through instrument 17-B-2022-03 of November 24, 2022—Form 3 of Schedule 1 to the Canada Elections Act, which provides for the template of the regular ballot, in order to allow that form to include the number of candidates confirmed in the ongoing by-election and to be printed on the paper normally used for the production of ballots;

whereas due to the unusual format of the adapted ballot, it would be difficult — if not impossible — for the elector to insert the regular ballot into the inner envelope and seal it, in accordance with section 241 of the Rules;

whereas due to time constraints, it has not been possible to procure new inner and outer envelopes that would have been compatible with the format of the adapted ballot;

whereas section 241 of the Rules does not allow the returning officer to deliver a special ballot to the elector who votes at the office of the returning officer if the regular ballots have been printed;

whereas it is essential to provide electors who wish to vote in person at the office of the returning officer with an opportunity to vote that respects the integrity of the voting procedure that must be administered at the office of the returning officer;

whereas providing a special ballot to an elector who applies to register and vote by special ballot in person at the office of the returning officer for his or her electoral district after the ordinary ballots have been printed does not compromise the integrity of the vote;

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 in respect of the December 12, 2022 by-election for the electoral district of Mississauga—Lakeshore (Ontario),
2. Despite section 241 of the Rules, an elector who applies for registration and special ballot in person at the office of the returning officer for their electoral district after regular ballots have been printed shall vote with a special ballot by writing the name of the candidate of their choice, placing the ballot in the inner envelope and sealing it, signing the declaration prescribed by the Chief Electoral Officer that appears on the outer envelope, and placing the inner envelope in the outer envelope and sealing it.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer