17-G-2019-02 – Adaptation to permit returning officers to establish external service points outside of their electoral district
Canada Elections Act
43rd General Election
Adaptation to permit returning officers to establish an additional assistant returning officer's office outside of their electoral district
Date of issue: October 4, 2019
Whereas the writs for the 43rd general election were issued on September 11, 2019;
Whereas subsection 30(1) of the Canada Elections Act ("the Act") provides that, on request by a returning officer, the Chief Electoral Officer may designate areas in the returning officer's electoral district and authorize, in writing, the appointment of an assistant returning officer, in addition to the assistant returning officer appointed under subsection 26(1), for each of those areas;
Whereas subsection 30(2) of the Act provides that a returning officer shall appoint an additional assistant returning officer and establish an office in each area designated by the Chief Electoral Officer.
Whereas electors are able to vote in the additional assistant returning officer's office – sometimes referred to as an "external service point" – during the election period;
Whereas the returning officer for the electoral district of Ville-Marie–Le Sud-Ouest–Île-des-Sœurs has, by error, established two additional assistant returning officers' offices in the neighbouring electoral district of Laurier–Sainte-Marie, that is on the North-East side of avenue du Parc, in Montréal, province of Québec, at a place where that avenue constitutes the boundary between the two electoral districts;
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 30 of the Act is amended by adding the following after subsection (2):
Exception–office in an adjacent electoral district
(2.1) A returning officer may open an office referred to in subsection (2) in an adjacent electoral district with the approval of the Chief Electoral Officer.
Chief Electoral Officer