Instructions to permit the appointment of a deputy special voting rules administrator

Canada Elections Act

Instructions to permit the appointment of a deputy special voting rules administrator

Date of issue: October 21, 2020

Number: 179-B-2020-06

Whereas section 181 of the Canada Elections Act (the "Act") requires the Chief Electoral Officer to appoint a special voting rules administrator;

Whereas section 182 of the Act enumerates the duties of the special voting rules administrator, among which is to proceed with the counting of the votes of electors;

Whereas Division 6 of Part 11 of the Act, which provides the applicable procedure for counting the votes at the Office of the Chief Electoral Officer, provides the special voting rules administrator with some duties that must be exercised by the special voting rules administrator personally;

Whereas the scope of the duties assigned to the special voting rules administrator by the chief electoral officer has increased and that it is desirable to attribute to more than one election officer the specific tasks referred to at subsections 267(3.2) and 269(3) of the Act;

Whereas the writs for by-elections called for the electoral districts of Toronto Centre (Ontario) and York Centre (Ontario) were issued on September 18, 2020 with polling day on October 26, 2020;

Whereas the Chief Electoral Officer has issued "Instructions for the adaptation of Part 11 of the Canada Elections Act so that its provisions apply to a by-election" on September 21, 2020, pursuant to subsection 178(2) of the Canada Elections Act;

Whereas the Chief Electoral Officer has thereby given effect to the Special Voting Rules as Adapted for the Purposes of a By-election (the "Rules") found in the Schedule to those instructions;

Whereas the tasks assigned to the special voting rules administrator by the Rules in respect of a by-election are similar to those, described above, assigned to the special voting rules administrator by the Act in respect of a general election;

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.

And whereas section 179 of the Rules provides a similar power respecting the Special Voting Rules as Adapted for the Purposes of a By-election;

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

1. Sophie Martineau is appointed to the position of deputy special voting rules administrator for the period the begins today and that ends on January 31, 2021.
2. Before assuming duties, the deputy special voting rules administrator shall make, in writing, the solemn declaration referred to in subsection 23(1) of the Act.
3. The deputy special voting rules administrator may exercise, in that capacity, the duties attributed by Division 6 of Part 11 of the Act, or by Division 6 of the Rules, to the special voting rules administrator.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer