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Appendix A – By-elections (04/2023)

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Introduction

A by-election occurs when a seat in the House of Commons becomes vacant between GEs because the sitting Member of Parliament (MP) has died, resigns or becomes ineligible to sit for any reason. More than one by-election may be held at the same time.

By-elections are called and conducted in a similar manner to a GE. When a seat in the House becomes vacant, the Speaker of the House of Commons informs the Chief Electoral Officer (CEO) by means of a Speaker's warrant. The Governor in Council makes an order for a by-election to be held by ordering the CEO to issue the writ for the by-election. The writ must be issued between the 11th and 180th days after the CEO receives the Speaker's warrant. The order of the Governor in Council also fixes the date for polling day, which cannot be earlier than 36 days nor later than 50 days after the CEO issues the writ. On the day the writ is issued, the CEO will inform you that a by-election has been called.

A writ shall not be issued if it would provide for a polling day that is less than nine months before the date fixed for a general election.

Note that if Parliament is dissolved after the writ for a by-election has been issued, the Parliament of Canada Act deems the writ for the by-election to be superseded and withdrawn. The Canada Elections Act requires the CEO to publish a notice in the Canada Gazette that the writ is withdrawn and the by-election cancelled.

Although many of the provisions that apply to a GE also apply to by-elections, others do not apply. This appendix highlights the procedures that differ from those of a general election. Where procedures are the same as for a general election, they appear in their respective sections in this manual.

Residence at a by-election

To be qualified to vote at a by-election, an elector must reside in the ED on the first day of the revision period, and must continue to reside there until polling day. This means that:

  • An elector who has moved from one polling division to another within your ED since the start of the revision period is entitled to vote, and his registration may be accepted.
  • An elector who has moved from another electoral district to yours after the first day of the revision period is not entitled to vote at the by-election even if he resides in the electoral district on polling day.
  • An elector who moves out of your electoral district after the start of the revision period begins is not entitled to vote at a by-election.

Hours of voting

If only one by-election is held or if more than one by-election is held on the same day and all of them are in the same time zone, the hours of voting are from 8:30 a.m. to 8:30 p.m.

If more than one by-election is held on the same day and they are located in different time zones, each ED must adhere to the normal staggered voting hours established for its local time zone as prescribed by the Canada Elections Act.

See Table 11 Voting hours.

Voting by special ballot

Voting by special ballot during a by-election is governed by the Special Voting Rules as they have been adapted to apply to a by-election.

At a by-election, voting by special ballot is available to all categories of electors: local, national, international, incarcerated, Canadian Forces, and acute care.

In your office, the SPS will deal with only two of these categories: local and national electors. Such electors can register at any time after the issue of the writ and until 6:00 p.m. on Day 6, local time, meaning on the Tuesday before polling day.

Categories of electors

Canadian Forces electors

After a by-election is called, EC informs the Minister of National Defence of the ongoing by-election. Once the coordinating officer has been informed of the issue of the writ, they in turn inform each commanding officer. The commanding officers publish a notice as part of the units' orders to inform their members.

EC allows Canadian Forces (CF) members the same voting tools as other Canadian citizens eligible to vote, including voting by special ballot, voting at the local RO office established for the by-election ED, voting at advance polls, and voting at their polling station on election day. There are no military polls set up on bases for a by-election.

CF electors are responsible for ensuring that they are properly registered to vote and for choosing the most suitable voting option for them. To vote, they must provide proof of identity and address.

CF electors may vote at the polling station established for the polling division of their place of ordinary residence if:

  • they have not already voted by special ballot; and
  • they live in that ED from the start of revision (which normally begins on the fourth day after the by-election is called) until election day.

Incarcerated electors

At a by-election, incarcerated electors whose address of ordinary residence is located in an ED where a by-election is being held vote by mail. Therefore, no polling stations are required in correctional institutions.

Elections Canada ships registration material to every correctional facility in Canada. A staff member at the facility is appointed as a liaison officer in correctional institutions to assist electors with the registration process.

After the 19th day before polling day, once the candidates are confirmed, Elections Canada sends a personalized special ballot voting kit to each incarcerated elector whose application is approved.

Incarcerated electors must complete an Application for Registration and Special Ballot form and return the completed and signed form to Elections Canada. The Application for Registration and Special Ballot must be received no later than 6:00 p.m. Eastern Time on the 6th day before polling day.

The incarcerated elector is responsible for ensuring that Elections Canada receives the ballot no later than 6:00 p.m., Eastern Time on election day.

International electors

Once a by-election is called, Elections Canada sends a personalized special ballot kit to every registered elector who resides outside Canada and whose ordinary residence, for electoral purposes, is located in an ED where a by-election is being held.

The international elector votes by mail and is responsible for ensuring that Elections Canada receives the ballot no later than 6:00 p.m., Eastern Time on polling day.

National electors

A national elector lives in an ED where a by-election is being held, but his application for registration and voting by special ballot is accepted by the SVRA in Ottawa or by the RO of another ED.

During a by-election, national electors may go to any RO office where a by-election is being held to register and vote by special ballot. They may also register directly with ECHQ, through the web, mail or fax.

Once issued a kit by mail, a national elector must ensure that his ballot arrives at ECHQ no later than 6:00 p.m., Eastern Time on polling day, either by mailing it directly or through any RO office.

Local electors

A local elector lives in the ED where a by-election is being held and registers to vote by special ballot inside of that ED.

Local electors must ensure that their ballots are received in the RO office by the close of polls in their ED.

Acute care

This elector category is only possible if there is an acute care facility within the ED. Follow the same procedures.

Transmitting preliminary results

During a by-election, preliminary results entered in the Event Results System are transmitted only to ECHQ. The unofficial results are accessible on the Elections Canada website. The results are not usually forwarded to a media consortium representative, but you may forward them to any media upon request.

Validation of results

By-elections are usually held when the House of Commons is sitting. The newly elected Member of Parliament is understandably anxious to take his seat in the House.

It is your responsibility to hold the validation of results as soon as possible after a by-election. However, when you set the validation date and time in the Notice of Election (EC 10020), you need to account for the time it will take for the ballot boxes to be sent/transferred to your office and for that office to prepare for validation. Your ARO must be available to participate in the entire validation process.

Election Canada's Observers Program

By-elections offer useful learning opportunities for EC employees. Since by-elections typically require fewer EC staff for field support than general elections do, by-elections are an ideal learning environment for EC staff to familiarize themselves with specific aspects of the electoral process that are directly related to their field of activity. The participants’ feedback on the observers program allows EC to improve programs and services in order to enhance support and better meet the needs of election workers between and during events.

Elections Canada staff requires authorization from the CEO to access a polling place during a by-election. All observers must adhere to EC’s Code of Conduct when visiting an electoral district for the Observers Program.

Your cooperation in facilitating EC observer visits is essential in maintaining a knowledgeable and professional EC workforce and you may therefore be requested to host EC employees for the program if a by-election is called in your electoral district.

Pilot projects

One of Elections Canada’s strategic objectives is to streamline the voter registration and to make the actual voting process more accessible by testing innovative ways for electors to register and vote. Elections Canada is committed to looking at new options, both conventional and technological, to achieve its objective. Any new voting method that is introduced must complement traditional ways of serving electors. Elections Canada must ensure widespread access to registration and voting, especially for Canadians who do not have access to technology or are unable to use it. People with disabilities or special needs, youth and people who are away from home may see these new methods as opportunities to improve their access to voting.

During an election, the CEO must obtain prior approval from the appropriate parliamentary committees before testing alternative voting processes and alternative voting technologies.

By-elections are the best time to test, on a smaller scale, new initiatives designed to improve Canada’s electoral process and to continue developing an accessible electoral framework in which Canadians participate and trust. In past by-elections, new initiatives such as the closing instructions for deputy returning officers, the large-size mock-up of a ballot and the collection of voter information cards – among other pilot projects – proved to be helpful in determining whether a new process should be implemented during a subsequent general election.

The RO, office staff, election officers, candidate representatives and the general public, especially electors, can then provide feedback on pilot projects. It is therefore understood that future pilot projects will be tested during one or more by-elections and that your cooperation remains valuable.

If your ED is selected to participate in a pilot project, EC will provide additional information (i.e. instructions and/or training material) as well as support to ensure the project is delivered successfully.