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17-G-2019-04 – Adaptations to offer enhanced polling day services in Manitoba to electors recently affected by severe weather events

Canada Elections Act

43rd General Election

Adaptations to offer enhanced registration and voting services on polling day to electors recently affected by severe weather events in Manitoba

Date of issue: October 18, 2019

Number: 17-G-2019-04

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

Whereas the province of Manitoba was recently affected in several areas by severe weather events;

Whereas these weather events, among other things, forced a number of Elections Canada local offices and advance polling stations to close in the following electoral districts:

(a) Brandon—Souris;

(b) Charleswood—St. James—Assiniboia—Headingley;

(c) Churchill—Keewatinook Aski;

(d) Dauphin—Swan River—Neepawa;

(e) Portage—Lisgar;

(f) Provencher;

(g) Saint Boniface—Saint Vital;

(h) Selkirk—Interlake—Eastman; and

(i) Winnipeg North.

Whereas some of these closures heavily affected impacted electors’ access to registration and voting services during advance polling;

Whereas several communities in the province of Manitoba are affected and still facing the consequences of those severe weather events as, among other things, flooding risks are present or electrical power supply has not yet been restored;

Whereas some impacted electors residing in the affected communities have been evacuated, inside or outside of their electoral district;

Whereas some other impacted electors residing in the affected communities have remained in their community;

Whereas some polling stations established in buildings where electrical power supply has not been restored will open, but the safety of electors and election workers at these polling stations must be ensured;

Whereas the severe weather events will prevent the use, on polling day, of some polling stations established in the affected communities;

Whereas the number of electors expected at some polling stations on polling day will require that experienced election officers be assigned to those polling stations;

Whereas locations identified by the returning officer in the notice of advance poll for the count of the votes cast at some advance polling stations are no longer available as a result of these severe weather events;

Whereas it is necessary to offer electors residing in the affected communities a reasonable opportunity to register and exercise their right to vote on polling day;

Whereas, in order to meet these objectives, the following measures are being considered by the Chief Electoral Officer and the returning officers for electoral districts located in Manitoba:

(a) moving some of the polling stations planned in the affected communities;

(b) assigning a polling division to more than one polling station;

(c) establishing some polling stations outside the electoral district to which they belong;

(d) issuing transfer certificates to some affected electors in order to enable them to vote in another polling station of the same electoral district;

(e) assigning election officers to advance polling stations to count the votes cast at these advance polling stations, where experienced election officers that were initially assigned to an advance polling station were reassigned to ordinary polling stations; and

(f) amending the notice of advance poll, issued by the returning officer pursuant to paragraph 172(1)(a) of the Act, in order to indicate any change in the location of the count of votes cast at the advance polling stations.

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 120 of the Act is renumbered as subsection 120(1) and is amended by adding the following:

Polling station in another electoral district

(2) The returning officer may, with the prior approval of the Chief Electoral Officer, establish a polling station in another electoral district and all the provisions of this Act apply as if the polling station were within the electoral district to which it appertains.

Exception—polling division assigned to more than one polling station

(3) Despite subsection (1), the returning officer may, with the prior approval of the Chief Electoral Officer, assign a polling division to more than one polling station.

2. Section 159 of the Act is amended by adding the following after subsection (1):

Manitoba—transfer certificate

(1.1) An elector who resides in a polling division referred to at subsection (1.2) may apply for a transfer certificate to vote at another polling station in the same electoral district.

Manitoba—polling divisions affected by severe weather events

(1.2) The returning officer may, with the prior approval of the Chief Electoral Officer and for the purposes of subsection (1.1), determine the polling divisions for which an elector may be issued a transfer certificate.

3. Section 172 of the Act is amended by adding the following after subsection (1):

Amendment

(1.1) Despite subsection (1), the returning officer may, with the prior approval of the Chief Electoral Officer, amend the notice of advance poll to indicate any change to the location indicated pursuant to subparagraph (1)(a)(iii).

4. Section 289 of the Act is amended by adding the following after subsection (1):

Exception

(1.1) For the purposes of paragraph (1), the returning officer may, with the prior approval of the Chief Electoral Officer, specify election officers who were not assigned to an advance polling station.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer