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179-G-2021-03 – Instructions for the elector's declaration verification procedure under Divisions 6 and 7 of Part 11 of the Canada Elections Act

Canada Elections Act

44th General Election

Instructions for the elector's declaration verification procedure under Divisions 6 and 7 of Part 11 of the Canada Elections Act

Date of issue: August 30, 2021

Number: 179-G-2021-03

Whereas Divisions 2, 3, 4 and 5 of Part 11 of the Canada Elections Act ("the Act") each permit eligible electors to make an application for registration and special ballot and to vote by special ballot;

Whereas sections 212, 213, 227, 238, 257 and 258 of the Act essentially provide that an elector who votes by special ballot shall vote by writing the name of the candidate of his or her choice on the ballot, placing the ballot in the inner envelope and sealing it, signing the declaration prescribed by the Chief Electoral Officer, and placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing it;

Whereas Divisions 6 and 7 of Part 11 of the Act provide the applicable procedure for counting the votes at the Office of the Chief Electoral Officer and for counting the votes at the office of the returning officer, respectively, and sections 267 and 277 of the Act provide, in respect of each division, for the elector’s declaration verification procedure and, in certain specified circumstances, for the setting aside of the inner envelope;

Whereas the election officers who set aside an inner envelope, as a result of the elector’s declaration verification procedure set out in sections 267 and 277, shall among other things:

  1. note on the inner envelope that is set aside the reasons for the setting aside; and
  2. keep the inner envelope set aside with the outer envelope and — if it did not appear on the outer envelope — the declaration;

Whereas the declaration that must be signed by the elector who votes by special ballot is printed on the outer envelope provided to the elector by the Chief Electoral Officer;

Whereas the elector's declaration verification procedure may therefore be performed without opening the outer envelope;

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.

2. For the purposes of subsection 267(3) of the Act:

  1. the special voting rules administrator may accomplish his or her duty by endorsing the outer envelope with the reason why it has been set aside; and
  2. the special ballot officers may accomplish their duty by initialling on the outer envelope the endorsement made by the special voting rules administrator.

3. For the purposes of subsection 277(3) of the Act:

  1. the election officer who set aside the envelope may accomplish his or her duties by noting on the outer envelope the reasons for the setting aside and by initialling it; and
  2. the other election officer may accomplish his or her duty by initialling the outer envelope.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer