Site MenuInstructions to permit the counting of a special ballot under Division 6 of the Special Voting Rules as Adapted for the Purposes of a By-election
Canada Elections Act
By-elections
Instructions to permit the counting of a special ballot under Division 6 of the Special Voting Rules as Adapted for the Purposes of a By-election
Date of issue: October 21, 2020
Number: 179-B-2020-07
Whereas the writ for a by-election called for the electoral district of Toronto Centre (Ontario) was 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 (the "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 Division 3 of Part 11 of the Act permits eligible electors who reside outside Canada to make an application for registration to the international register of electors and gives the chief electoral officer the duty to maintain that register;
Whereas a special ballot voting kit is sent, upon the issue of a writ in relation to a given electoral district, to each elector whose name is entered on the international register of electors and whose last place of ordinary residence in Canada is located in that electoral district;
Whereas the outer envelope provided in each special ballot voting kit does not identify the election for which it was issued, but includes a unique code allowing the chief electoral officer to associate each envelope to a specific election and elector;
Whereas an elector, whose name has been entered on the international register of electors for more than one election and whose last place of ordinary residence in Canada is located in the electoral district of Toronto Centre (Ontario), has transmitted his vote at the ongoing by-election using, by mistake, the outer envelope provided to him in respect of the 43rd general election instead of the outer envelope provided to him in respect of the by-election;
Whereas the elector is entitled to vote in the electoral district of Toronto Centre (Ontario) at the ongoing by-election, the verifications led by the Special Voting Rules Administrator confirmed that this elector did not cast a ballot at the 43rd general election and that the amendment of the unique code associated with the outer envelope received from this elector, if authorised, would not affect the integrity of the special ballot voting process;
And whereas section 179 of the Rules provides the following:
179. For the purpose of applying these Rules to, or adapting any provision of these Rules in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute their intent.
Therefore, pursuant to section 179 of the Rules, the Chief Electoral Officer issues the following instructions:
- These instructions apply in respect of the October 26, 2020 by-election for the electoral district of Toronto Centre (Ontario).
- The Special Voting Rules Administrator shall, in respect of the outer envelope received from the elector to whom these instructions apply:
- amend the unique code shown on the outer envelope in order to pair the envelope to the ongoing by-election; and
- make the necessary recordings on relevant databases and on the international register of electors to ensure the integrity of the special ballot voting system.
(Original Signed)
Stéphane Perrault
Chief Electoral Officer