Appendix C – Report on the 44^th General Election of September 20, 2021

Sections 181 and 182, and subsections 267(3.2) and 269(3)

(Applied during the 44th general election only)

Purpose: To permit the appointment of a deputy special voting rules administrator and of two additional special voting rules administrators.

Explanation: In the context of the COVID-19 pandemic, the Chief Electoral Officer anticipated a significant increase of applications for registration and special ballot, which would make it impossible, in practice, for a single person to accomplish all of the duties of the special voting rules administrator attributed by Part 11 of the Act. Furthermore, the Act prevents the delegation of certain duties attributed to the special voting rules administrator.

The instructions provided for the temporary appointment of a deputy special voting rules administrator and two additional special voting rules administrators, who were granted the authority to exercise the special voting rules administrator's duties, including those duties whose delegation is currently prevented by the Act.

Subsection 205(3)

(Applied during the 44th general election only)

Purpose: To allow three Canadian Forces units to administer different voting procedures under Division 2 of Part 11 of the Act.

Explanation: Subsection 205(3) of the Act requires each commanding officer to fix 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 provided at section 190 of the Act.

In light of the nature of operations at sea, the instructions allowed the commanding officers for Her Majesty's Canadian Ships Harry DeWolf, Winnipeg and Fredericton to open a polling station in their unit, during the voting period, for the hours that the commanding officer considered necessary to give electors in their unit a reasonable opportunity to vote.

Sections 235, subsection 239(2) and paragraph 277(1)(d)

(Applied during the 44th general election only)

Purpose: To facilitate the vote by special ballot for local electors and, in certain circumstances, to permit a local elector whose application for registration and special ballot had been accepted to vote at a polling station on polling day.

Explanation: he Act 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 by the returning officer of their electoral district. In addition, for their vote to be counted, an elector must return their special ballot to the office of their returning officer before the close of polling stations on polling day. In the context of the COVID-19 pandemic, the Chief Electoral Officer expected a significant increase of applications for registration and special ballot from local electors, which could cause delays in the receipt of special ballots at the returning officers' offices before the close of polling stations on polling day.

The instructions allowed electors to 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. For polling stations where such a service could not be offered, electors were given the option to annul their application for registration and special ballot and to vote using a regular ballot at their polling station.

Section 235

(Applied during the 44th general election only)

Purpose: To permit an elector whose application for registration and special ballot had been accepted to vote at their polling station on polling day in specific circumstances.

Explanation: The Act provides that electors residing in Canada whose application for registration and special ballot has been accepted can only vote by returning their outer envelope to their returning officer's office before the close of polling stations on polling day. In the context of the COVID-19 pandemic, an increase in applications for registration and special ballot was observed by the Chief Electoral Officer. Delays were anticipated in the mailing of special ballot voting kits to electors and in the receipt of outer envelopes at the offices of the returning officers before the close of polling stations on polling day.

The instructions allowed for an eligible elector to request, at their assigned polling station, on the prescribed form, to have their application for registration and special ballot annulled and to vote by regular ballot at their polling station on polling day.

Subsections 245(1) and 250(2)

(Applied during the 44th general election only)

Purpose: To allow additional voting days to be held under Division 5 of Part 11 of the Act.

Explanation: The Act provides that every incarcerated elector is entitled to vote by special ballot on the 12th day before polling day at polling stations established in correctional institutions. On September 15, 2021, the Chief Electoral Officer was informed that two correctional institutions—the Edmonton Remand Centre in Alberta and the Établissement de détention de Sorel-Tracy in Quebec—had been unable, given the number of electors and the constraints associated with security and COVID-19 measures, to allow for all electors who wished to vote to do so in a single day.

The instructions allowed incarcerated electors at those two correctional institutions who had not voted on the 12th day before polling day and who wished to vote, to vote by special ballot on additional voting days held at these institutions.

Sections 267 and 277

(Applied during the 44th general election and will apply to future general elections)

Purpose: To authorize the procedure for the verification of electors' declarations to be conducted without opening the outer envelope in certain cases.

Explanation: The special ballot voting process could eventually be modified to allow some electors to vote using a special ballot voting kit provided to them electronically. As part of this process, those electors would be required to print and sign a declaration form and to provide their own inner and outer envelopes. In 2018, amendments were made to the Act to allow for this additional flexibility in the administration of the Special Voting Rules. As a consequence, where the Act used to speak of the setting aside of outer envelopes, it now speaks of the setting aside of inner envelopes. However, because of the short duration of the last Parliament and the COVID-19 pandemic, Elections Canada was unable to make progress on this project.

For the purposes of the 44th general election, the declaration that had to be signed by electors who voted under the Special Voting Rules was always printed on the outer envelope provided to the elector by the Chief Electoral Officer. Therefore, the election officers who proceeded to the verification of electors' declarations did not have to open outer envelopes to retrieve these declarations.

The instructions authorized the election officers who set aside an outer envelope to accomplish their duties by noting on the outer envelope, instead of the inner envelope, the reasons for setting it aside and by initialling the outer envelope. These instructions will also apply to future general elections.

Paragraphs 267(1)(a) and 267(1)(b)

(Applied during the 44th general election only)

Purpose: To permit the counting of certain ballots under Division 6 of Part 11 of the Act.

Explanation: The Act, which sets out the registration and voting procedures for incarcerated electors, requires that each application for registration and special ballot and each associated outer envelope be signed by both the elector and an election officer.

During the 44th general election, the Chief Electoral Officer was informed that all outer envelopes, for a total of 36 envelopes, received from the Établissement de détention de Rimouski in Quebec, were completed incorrectly owing to a miscomprehension of the relevant instructions. Both the signature of the elector and the signature of the election officer were missing. In accordance with the Act, such outer envelopes must be set aside and cannot be counted.

The instructions directed the election officers to not set aside the outer envelopes from the Établissement de détention de Rimouski solely on the grounds that the prescribed declaration was not signed by the elector and the outer envelope was not signed by an election officer.

Section 273 and paragraph 277(1)(a)

(Applied during the 44th general election only)

Purpose: To permit the counting of certain ballots under Division 7 of Part 11 of the Act in the electoral districts of Burlington and Don Valley West.

Explanation: The Act provides that an elector residing in Canada whose application for registration and special ballot has been accepted shall vote by writing the name of the candidate of their choice on the special ballot, 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 the declaration is not on the outer envelope—in the outer envelope and sealing it. During the 44th general election, the special ballots marked by 36 electors in the electoral district of Burlington and 45 electors in the electoral district of Don Valley West were not placed in an inner envelope nor in an outer envelope because of an instruction given in error by an election officer. Normally, in accordance with the Act, such ballots must be set aside by the election officer and cannot be counted.

Considering that, in these specific situations, the integrity of the vote was not threatened, the instructions directed the election officers to not set aside the special ballots of the affected electors and allowed for the counting of their ballots.

Section 273 and paragraph 277(1)(a)

(Applied during the 44th general election only)

Purpose: To permit the counting of certain ballots under Division 7 of Part 11 of the Act for the electoral district of Gaspésie-Les Îles-de-la-Madeleine.

Explanation: When an elector does not complete an application for registration and special ballot before a special ballot is issued to the elector, the elector's ballot cannot be counted pursuant to the process set out in the Act.

Election officers in the electoral district of Gaspésie–Les Îles-de-la-Madeleine offered, for polling divisions 500 and 501, adapted voting services to electors residing in a long-term care institution. In error, electors were provided with a special ballot, an inner envelope and an outer envelope, when they should have been provided with a regular ballot.

Considering that, in this specific situation, the integrity of the vote was not threatened, the instructions permitted the counting of those special ballots.