179-G-2019-07 – Preservation of the right to vote of an elector who is no longer able to vote by special ballot

Canada Elections Act

43rd General Election

Instructions for the preservation of the right to vote of an elector who is no longer able to vote by special ballot

Date of issue: September 24, 2019

Number: 179-G-2019-07

Whereas Divisions 3 and 4 of Part 11 of the Canada Elections Act (“the Act”) permit electors residing outside Canada and those residing in Canada, respectively, to make an application for registration and special ballot and to vote by special ballot;

Whereas section 235 of the Act provides, with respect to electors residing in Canada, that an elector may only vote under the special voting rules once his or her application for registration and special ballot has been accepted;

Whereas under subsections 227(1) or 237(1) of that Act, as the case may be, a special ballot is sent to an elector, by mail or courier, after the issue of the writs and the acceptance of the application for registration and special ballot made by the elector;

Whereas circumstances outside the control of an elector whose application for registration and special ballot has been accepted, such as a delay affecting the delivery of the special ballot to the elector, may prevent the elector from voting by special ballot;

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, when an elector whose application for registration and special ballot has been accepted is prevented from voting by special ballot by reason of circumstances outside his or her control.

2. Upon request by an elector, the special voting rules administrator may, where he or she is of the opinion that the circumstances described at paragraph 1 apply to the elector, annul the application for registration and special ballot made by the elector.

3. Upon request by an elector and after having advised the special voting rules administrator, the returning officer may, where he or she is of the opinion that the circumstances described at paragraph 1 apply to the elector, annul the application for registration and special ballot made by the elector.

4. Where he or she annuls the application for registration and special ballot made by an elector, the special voting rules administrator or the returning officer shall:

(a) advise the elector of the penalty that may be imposed under the Act on a person who contravenes subsection 281.5(1) of the Act; and

(b) ensure that the indication to the effect that the elector has received a special ballot is removed from the list of electors for the polling division of the elector’s place of ordinary residence.

5. These instructions supersede the following instructions: “Adaptation by instruction pursuant to section 179 of the Canada Elections Act: second special ballot issued to an elector who swears under oath that he or she did not receive the special ballot issued by the office of the returning officer”, issued on October 7, 2008.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer