179-G-2021-05 – Instructions to permit an elector whose application for registration and special ballot has been accepted to vote at their polling station on polling day

Canada Elections Act

44th General Election

Instructions to permit an elector whose application for registration and special ballot has been accepted to vote at their polling station on polling day

Date of issue: September 10, 2021

Number: 179-G-2021-05

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") in section 4 of Part 11 permits electors residing in Canada to apply for registration and special ballot and to vote by special ballot;

Whereas section 235 of the Act provides that an elector can only vote pursuant to that Division 4 once their application for registration and special ballot has been accepted;

Whereas, in the context of the 2019 coronavirus pandemic (COVID-19), the Chief Electoral Officer has observed an increase of applications for registration and special ballot;

Whereas the Chief Electoral Officer has authorized, through his instruction 179-G-2021-02 of August 18, 2021, measures aimed at facilitating the vote by special ballot for local electors by allowing, among other things, the return of outer envelopes at polling stations, on polling day;

Whereas the Chief Electoral Officer wants to preserve the right to vote of electors whose application for registration and special ballot has been accepted but whom, despite the instruction cited above, could be prevented 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 the 44th General Election.

2. An eligible elector may, on polling day, at their assigned polling station, request on the prescribed form to have their application for registration and special ballot annulled.

3. The election officer who receives a request that complies with paragraph 2 shall accept the request and annul the application for registration and special ballot made by the elector.

4. An eligible elector is, for the purposes of paragraph 2, an elector whose application for registration and special ballot has been accepted but who is prevented from voting by special ballot at the election, including in cases where:

1. the elector did not receive their special ballot voting kit; or
2. the elector did receive their special ballot voting kit but cannot use it to vote;

(Original Signed)

Stéphane Perrault
Chief Electoral Officer