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179-G-2021-09 – Instructions aimed at allowing additional voting days to be held under Divisions 5 of Part 11 of the Canada Elections Act

Canada Elections Act

44th General Election

Instructions aimed at allowing additional voting days to be held under Divisions 5 of Part 11 of the Canada Elections Act

Date of issue: September 16, 2021

Number: 179-G-2021-09

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 subsection 245(1) of the Act provides that every incarcerated elector is entitled to vote by special ballot on the 12th day before polling day and subsection 250(2) of the Act provides for the voting hours at polling stations established in correctional institutions on the 12th day before polling day;

Whereas the Chief Electoral Officer has been informed, on September 15, 2021, that the following correctional institutions were unable—given the number of electors and constraints associated with security and COVID-19—to allow for all electors who wished to vote to do so in a single day:

  1. the Edmonton Remand Centre, in Alberta;
  2. the Établissement de détention de Sorel-Tracy, in Quebec;

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. Additional days of voting in accordance with Division 5 of Part 11 of the Canada Elections Act are authorized in relation to the following correctional institutions:

  1. the Edmonton Remand Centre, in Alberta;
  2. the Établissement de détention de Sorel-Tracy, in Quebec.

3. The additional voting days authorized under paragraph 2 must be held no later than Saturday, September 18, 2021.

4. Any elector who is incarcerated at a correctional institution mentioned at paragraph 2, who has not voted at the election and who wishes to vote may, during the additional voting day or days of voting held at the institution, complete an application for registration and special ballot and vote by special ballot.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer