Report of the Chief Electoral Officer of Canada following the May 12, 2003, and the June 16, 2003, by-elections
Special adaptations
The Chief Electoral Officer may adapt the Canada Elections Act under
subsections 17(1) and 178(2). During the 2003 by-elections, he used
these authorities to make the necessary provisions to allow incarcerated electors to vote by
special ballot.
Enforcement
The Commissioner of Canada Elections received six complaints stemming from the by-election of
May 12, 2003, and five stemming from the by-elections of June 16, 2003. Of these
11 complaints, 9 have been settled, including 4 through agreements between the Commissioner
and the interested parties. While some offences occur during the by-election period, others can occur
months afterwards, including any relating to candidates' financial returns.
Election financing
Candidates' election expenses
Under the Canada Elections Act, candidates are required to file an election expenses return within four months of election day. Elections Canada examines the returns for compliance purposes, and to determine the amount of reimbursement owed to qualified candidates. By the end of the year, we had finished reviewing financial returns from the five candidates who ran for office in the May 12, 2003, by-election and the 12 candidates who ran for office in the two June 16, 2003, by-elections. The returns of the candidates in the May 12, 2003, by-election were published on October 31, 2003, as submitted, on the Elections Canada Web site. Those of the candidates in the June 16, 2003, by-elections were published on January 16, 2004.