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17-B-2022-02 – Adaptation for the offering of adapted voting services to electors who reside in a long-term care institution

Canada Elections Act

December 12, 2022 by-election in the electoral district of Mississauga–Lakeshore (Ontario)

Adaptation for the offering of adapted voting services to electors who reside in a long-term care institution

Date of issue: November 15, 2022

Number: 17-B-2022-02

Whereas the writ for the by-election called for the electoral district of Mississauga-Lakeshore (Ontario) was issued on November 6, 2022, with polling day on December 12, 2022;

Whereas the coronavirus disease (COVID-19) continues to create unique circumstances and challenges for the administration of elections in Canada;

Whereas some public health measures implemented to address COVID-19 limit the ability of the returning officer to establish mobile polling stations or ordinary polling stations on polling day at institutions where seniors or persons with a disability reside;

Whereas several electors residing in those institutions cannot easily register on the list of electors and exercise their right to vote otherwise than at a polling station established in the institution where they reside;

Whereas it is desirable to offer electors residing in those institutions a reasonable opportunity to register on the list of electors and exercise their right to vote;

And whereas subsection 17(1) of the Canada Elections 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. The Canada Elections Act is amended by adding the following after section 95:

Institution where seniors or persons with a disability reside

95.1 (1) The returning officer who establishes a polling station in application of subsection 124(1) shall send to every person who is qualified as elector and who resides at the institution or in the relevant part of the institution a notice regarding the days and hours of operation of the polling station.

Form of notice

(2) The notice shall be in the form established by the Chief Electoral Officer and shall indicate

(a) the days and hours that a polling station established in the institution or part of the institution is open;
(b) a telephone number to call for more information;
(c) the dates of advance polls and the voting hours and locations of advance polling stations; and
(d) that proof of an elector's identity and residence will be required before the elector is allowed to vote.

2. The Act is amended by adding the following before section 125:

Polling station consisting of an institution

124 (1) If a polling division consisting of one institution or a part of an institution is constituted under subsection 538(5), the returning officer shall establish a polling station in the institution or part of the institution.

Opening period

(2) The returning officer shall open a polling station established under subsection (1) for the days and hours during the period that begins on the 13th day before polling day and ends on polling day that the returning officer considers necessary to give electors residing in the institution or part of the institution, as the case may be, a reasonable opportunity to vote, but the polling station is not to be open for a total of more than 12 hours during that period.

Notice

(3) The returning officer shall give notice to the candidates of the days and hours that a polling station established under subsection (1) is open in accordance with the instructions of the Chief Electoral Officer.

Provisions applicable to polling stations

(4) Subject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to a polling station established under subsection (1).

3. Paragraph 127(a) of the Act is replaced by the following:

(a) in person at a polling station on polling day or at a polling station established under subsection 124(1);

4. The Act is amended by adding the following after section 140:

Opening of polling station in institution

140.1 (1) When the polling station established under subsection 124(1) opens, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present,

(a) on the first day that the polling station is open,

(i) open the ballot box and ascertain that it is empty,
(ii) seal the ballot box with the seals provided by the Chief Electoral Officer, and
(iii) place the ballot box on a table in full view of all present and, subject to section 157, ensure that the box remains there until the polling station closes on that day; and

(b) on each subsequent day that the polling station is open, as the case may be, place the ballot box on a table in full view of all present and, subject to section 157, ensure that the box remains there until the polling station closes on that day.

Close of polling station in institution

(2) At the close of the polling station on each day that it is open, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.

Candidates may check seals

(3) The candidates or their representatives may take note of the serial numbers of the seals on any ballot box used at the polling station at the following times:

(a) when the ballot box is placed on the table in accordance with subsection (1);
(b) when the polling station closes on each day that it is open; and
(c) when the votes are counted on polling day.

Ballot boxes

(4) Subsections 175(5) to (9) apply to a ballot box used at the polling station.

5. Section 158 of the Act is amended by adding the following after subsection (4):

Institution where seniors or persons with a disability reside

(5) If an elector, whose polling station is established in accordance with subsection 124(1), has been unable to vote on the days and hours set by the returning officer for this polling station, the elector is entitled on request to receive a transfer certificate to vote at another polling station in the same electoral district.

6. Subsection 538(5) of the Act is replaced by the following:

Polling division consisting of one or more institutions

(5) A returning officer may, with the approval of the Chief Electoral Officer, constitute polling divisions that consist of one or more institutions, or a part of an institution, where seniors or persons with a disability reside.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer