179-G-2021-10 – Instructions to permit the counting of certain ballots under Division 6 of Part 11 of the Canada Elections Act

Canada Elections Act

44th General Election

Instructions to permit the counting of certain ballots under Division 6 of Part 11 of the Canada Elections Act

Date of issue: September 20, 2021

Number: 179-G-2021-10

Whereas the writs for the 44th General Election were issued on August 15, 2021, with polling day on September 20, 2021;

Whereas the Canada Elections Act ("the Act") Part 11, Division 5, permits every incarcerated elector who wishes to vote to make an application for registration and special ballot and to vote by special ballot;

Whereas sections 251, 257 and 258 of the Act, which set out the registration and voting procedures for incarcerated electors, require each application for registration and special ballot and each associated outer envelope to be signed by both the elector and an election officer;

Whereas the Chief Electoral Officer has been informed that all outer envelopes–for a total of 36 envelopes—received from the Établissement de détention de Rimouski, in Quebec, were completed incorrectly, in that both the signature of the elector and the signature of the election officer are missing;

Whereas each of these outer envelopes may be linked with an elector and an electoral district, since the unique bar code affixed to each envelope is associated to the application for registration and special ballot made by the elector and signed by an election officer;

Whereas the Établissement de détention de Rimouski confirmed to the Chief Electoral Officer that this error was caused by a miscomprehension of the instructions received from Elections Canada;

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 the 44th General Election.

2. Special ballot officers shall not set aside the outer envelope of an elector who has voted at the Établissement de détention de Rimouski on one of the grounds set out at paragraph 267(1)(a) and (b) of the Act, where the prescribed declaration was not signed by the elector and the outer envelope was not signed by an election officer.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer