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179-G-2019-03 – Satisfactory proof of residence of an elector whose pieces of identification do not include a civic address

Canada Elections Act

43rd General Election

Instructions regarding the satisfactory proof of residence of an elector who makes an application for registration and special ballot and whose pieces of identification do not include a civic address but include information that is consistent with information that appears on the register of electors or on the list of electors

Date of issue: September 16, 2019

Number: 179-G-2019-03

Whereas the Canada Elections Act ("the Act") Part 11, Division 4, permits electors residing in Canada and wishing to vote by special ballot to make an application for registration and special ballot and to vote by special ballot;

Whereas paragraph 233(1)(c) of the Act requires that an application for registration and special ballot include satisfactory proof of the elector's identity and residence;

Whereas some electors residing in rural or remote areas have no civic address by which to prove their residence, or such a residential address is not stated in or on their piece or pieces of identification;

Whereas subsection 143(3.1) of the Act provides that, if the address contained in the piece or pieces of identification provided by the elector at a polling station does not prove the elector’s residence but is consistent with information related to the elector that appears on the list of electors, the elector’s residence is deemed to have been proven;

Whereas subsection 143(3.1) of the Act applies to an elector who goes in person to the office of a returning officer to receive his or her ballot or special ballot, in accordance with paragraph 237.1(4)(b) of the Act, but does not apply where an application for registration and special ballot is made otherwise than in person;

Whereas it is necessary to provide the same flexibility for an elector residing in Canada who votes by special ballot, when the address on the elector's pieces of identification is consistent with information related to the elector that appears in the register of electors, in the case of applications received by the special voting rules administrator, or on the list of electors, in the case of applications received by a returning officer;

Whereas subsection 2(3) of the Act further provides that satisfactory proof of residence is established in the manner determined by the Chief Electoral Officer;

And whereas section 179 of the Act provides the following:

179. For the purpose of applying this Part to, or adapting any provision of this Part in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute its intent.

Therefore, pursuant to section 179 of the Act, the Chief Electoral Officer issues the following instructions:

1. These instructions apply, during a general election, to the application for registration and special ballot made pursuant to section 233 of the Act by an elector to whom section 237.1 of the Act does not apply.

2. If the address contained in the piece or pieces of identification provided under paragraph 233(1)(c) of the Act does not prove the elector’s residence but is consistent with information related to the elector that appears in the register of electors or on the list of electors, the elector’s residence is deemed to have been proven.

3. These instructions supersede the following instructions: "Adaptation by instruction pursuant to section 179 of the Canada Elections Act: proof of residence when the address on the piece or pieces of identification provided with an application for registration and special ballot does not prove residence but is consistent with information in the register or on a list of electors", issued on March 29, 2011.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer