Polling station in an adjacent polling division outside the electoral district

42nd General Election

Adaptation of subsection 122(1)
of the Canada Elections Act
Pursuant to subsection 17(1) of that act

Whereas the 42nd general election was called on August 2, 2015, with polling day on October 19, 2015;

Whereas subsection 122(1) of the Canada Elections Act provides that if a returning officer is unable to secure suitable premises to be used as a polling station within a polling division, he or she may establish a polling station in an adjacent polling division and all the provisions of the Act apply as if the polling station were within the polling division to which it appertains;

Whereas section 120 of the Canada Elections Act provides that each returning officer shall, for polling day, establish one polling station for each polling division;

Whereas an elector may vote in person at a polling station on polling day pursuant to section 127(a) of the Canada Elections Act;

Whereas there are no suitable premises in which to establish a polling station within polling divisions 074 and 077 or in a polling division adjacent to polling divisions 074 and 077 within the electoral district of Desnethé-Missinippi-Churchill River;

Whereas there are no suitable premises in which to establish a polling station within polling divisions 102 and 103 or in a polling division adjacent to polling divisions 102 and 103 within the electoral district of Fundy Royal;

Whereas there are no suitable premises in which to establish a polling station within polling divisions 132,133,134, and 136 or in a polling division adjacent to polling divisions 132,133,134, and 136 within the electoral district of St. John's East;

Whereas there are no suitable premises in which to establish a polling station within advance polling division 613 and ordinary polling divisions 158,159,160,161 or in a polling division adjacent to advance polling division 613 and ordinary polling divisions 158,159,160,161 within the electoral district of Tobique-Mactaquac;

Whereas the Canada Elections Act does not provide for a returning officer to establish a polling station in a polling division in an adjacent electoral district in the event that he or she is unable to secure suitable premises to be used as a polling station in an adjacent polling division in the same electoral district;

And whereas subsection 17(1) of the Canada Elections Act provides that:

17. (1) During an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may, for the sole purpose of enabling electors to exercise their right to vote or enabling the counting of votes, adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations.

Therefore, subsection 122(1) of the Canada Elections Act is hereby adapted as follows:

122. (1) If a returning officer is unable to secure suitable premises to be used as a polling station within a polling division, the returning officer may establish a polling station in an adjacent polling division or, with the prior approval of the Chief Electoral Officer, in an adjacent polling division of another electoral district, and all of the provisions of this Act apply as if the polling station were within the polling division to which it appertains.

September 18, 2015

Marc Mayrand
Chief Electoral Officer