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5. Concluding the By-electionsReport on the 2019 By-elections

Election results

In the 2019 by-elections, the candidates elected in the electoral districts were as follows:

  • February 25, 2019, by-elections:
    • Outremont: Rachel Bendayan, Liberal Party of Canada
    • York–Simcoe: Scot Davidson, Conservative Party of Canada
    • Burnaby South: Jagmeet Singh, New Democratic Party
  • May 6, 2019, by-election:
    • Nanaimo–Ladysmith: Paul Manly, Green Party of Canada

Validation of results and return of writs

Returning officers in each electoral district validate the results of a by-election as soon as possible after election day. Once validation is completed, returning officers issue a certificate showing the number of votes cast for each candidate.

A returning officer must hold the writ for six days after the validation of the results to allow time for candidates and electors to request a judicial recount. If there is no recount, the returning officer declares the candidate who received the most votes elected and returns the writ to the Chief Electoral Officer.

There were no judicial recounts initiated in any of the 2019 by-elections.

In the Appendix, Table 9 lists the number of valid votes obtained by each candidate in each electoral district.

The official voting results were published on the Elections Canada website at elections.ca.

Complaints

During and after general elections or by-elections, Elections Canada receives, reviews and responds to complaints from electors. Complaints may relate to a wide range of issues, such as long lines, campaign financing irregularities and accessibility problems at polling places1. Electors can register complaints by telephone, mail or email or by using a special form that is available on the Elections Canada website at elections.ca. They can also lodge a complaint at an Elections Canada office or at their polling place.

Elections Canada received 205 complaints related to the 2019 by-elections:

  • 32 complaints related to the agency's central services, such as the VIC, lists of electors and voting by special ballot
  • 32 complaints related to polling place accessibility, 15 of which were about parking, seven about signage, four about the location of the voting room, three about exterior pathways and three about hallways, doors and door thresholds
  • 70 complaints related to services at the polls
  • 38 complaints related to activities of political parties, such as campaigning and spending
  • 33 complaints related to services to electors

The volume and types of complaints for the 2019 by-elections were consistent with those for previous by-elections.

Elections Canada follows up on all complaints received. Complaints are analyzed and used to improve the agency's services. Complaints that may impact an elector's right to vote are given the highest priority. Those that are related to a potential offence under the Canada Elections Act are referred to the Commissioner of Canada Elections for possible investigation. For the 2019 by-elections, 27 complaints were referred to the Commissioner. Table 10 in the Appendix shows a summary of complaints for the 2019 by-elections.

Reporting obligations after polling day

Candidates and third parties had to file their campaign return with Elections Canada four months after election day:

  • For the February 25 by-elections: by June 25, 2019
  • For the May 6 by-election: by September 6, 2019

Candidates who were elected or who had received at least 10% of the valid votes cast in their electoral district were eligible to receive a partial reimbursement of their electoral campaign expenses. Initial instalments were paid to these eligible candidates in the amount of $198,855.32 for the February 25 by-elections and $85,731.60 for the May 6 by-election.

At the time of writing, Elections Canada was completing the audit of by-election campaign returns.

Cost of the by-elections

As of February 28, 2020, the total estimated cost of the four by-elections was $3,924,000, including $669,000 projected to be paid to candidates for the partial reimbursement of their election expenses and subsidies to the candidates' auditors. The cost per registered elector is estimated at $11.87, which is 2.6% lower than the historical average2 of $12.18.

The following table breaks down the estimated cost of the by-elections.

Estimated cost of the 2019 by-elections
Activity Estimated costs (in thousands of dollars)
February 25 by-elections3 May 6 by-election4 Total
Conducting the by-election5 2,378 877 3,255
Reimbursing election expenses to candidates and subsidies to candidates' auditors 409 260 669
Total estimated costs 2,787 1,137 3,924

Election officer compliance with procedures

The Canada Elections Act requires Elections Canada to arrange for an independent audit of the performance of election officers at each general election and by-election.

In 2015, following a competitive procurement process, the Chief Electoral Officer commissioned PricewaterhouseCoopers LLP (PwC) to conduct these audits, beginning with the 42nd general election. PwC was tasked with reporting on whether certain election officers (deputy returning officers, poll clerks and registration officers) had performed the duties and functions imposed on them under specific sections of the Act and with determining the degree to which the established administrative controls, including manuals and training materials, had supported these election officers in the performance of their duties.

In 2019, PwC conducted independent audits of the Outremont, York–Simcoe, Burnaby South and Nanaimo–Ladysmith by-elections. Collectively, 342 electoral interactions were audited from a sample of polling sites across these electoral districts.

PwC's findings concluded that, in all the by-elections on all days of advance polling and on election day, election officers properly exercised the powers conferred on them and properly performed their duties and functions under specific sections of the Act. This applied to the vast majority of electors who arrived at the polls already registered and with documentary proof of identity and address as well as to the minority of electors who required special procedures to vote, such as registering at the polls or correcting their electoral information. While some inconsistencies were noted in the completion of the procedures for both groups of electors, PwC determined that these errors were not pervasive.

PwC also examined Elections Canada's training program for election officers. PwC concluded that, overall, Elections Canada's training program is comprehensive and effective in providing prescriptive guidance and support to the temporary workforce hired for the by elections.

These audit findings are in line with those reported in the Retrospective Report on the 42nd General Election of October 19, 2015.

Survey of Electors

Further information and feedback on the 2019 by-elections can be found in the survey of electors commissioned following each election. The findings are available on the Elections Canada website at elections.ca.

Footnotes

Footnote 1 The agency defines a complaint as an expression of dissatisfaction with the products or services provided by Elections Canada, the way in which services were provided by Elections Canada or the inappropriate conduct of a person or group during the electoral process.

Footnote 2 The historical average is based on actual expenditures of the last 20 by-elections from June 2014 to December 2018.

Footnote 3 In Outremont, York–Simcoe, Burnaby South.

Footnote 4 In Nanaimo–Ladysmith.

Footnote 5 Includes expenses for the fees and allowances of returning officers and election workers, printing ballots and lists of electors, leasing local offices and polling places, shipping election materials, running communications campaigns, hiring temporary staff and deploying IT infrastructure and telecommunications.