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17-G-2019-01 — Adaptation to permit returning officers to establish an office outside of their electoral district

Canada Elections Act

43rd General Election

Adaptation to permit returning officers to establish an office outside of their electoral district

Date of issue: September 11, 2019

Number: 17-G-2019-01

Whereas the writs for the 43rd general election were issued on September 11, 2019;

Whereas subsection 60(1) of the Canada Elections Act ("the Act") provides that every returning officer shall, without delay after receiving notice of the writ, open an office in premises that are accessible to electors with a disability in a convenient place in the electoral district and shall maintain the office throughout the election period;

Whereas electors are able to vote in the returning officer's office during the election period;

Whereas there is no provision in the Act allowing for a returning officer to open an office in an adjacent electoral district if the returning officer is unable to secure suitable premises to be used as an office within the electoral district;

Whereas returning officers for the following electoral districts have been unable, despite exhaustive searches, to secure suitable premises to be used as an office within the electoral district:

(a) Edmonton—Riverbend;

(b) Kelowna—Lake Country; and

(c) Victoria;

And whereas subsection 17(1) of the Act provides the following:

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, pursuant to subsection 17(1) of the Act, the Chief Electoral Officer adapts the Canada Elections Act as follows:

1. Section 60 of the Act is amended by adding the following after subsection (1):

Exception—office in an adjacent electoral district

(1.1) If a returning officer is unable to secure suitable premises to be used as an office within the electoral district, the returning officer may open an office in an adjacent electoral district with the prior approval of the Chief Electoral Officer.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer