Site Menu6. Concluding the By-elections – Report on the 2020 By-elections
Election results
In the October 26, 2020, by-elections, the candidates elected in the electoral districts were as follows:
- Toronto Centre: Marci Ien, Liberal Party of Canada
- York Centre: Ya'ara Saks, Liberal Party of Canada
A new staffing model was used at polling places for these by-elections. One deputy returning officer managed the voting process alone at each polling station, rather than together with a poll clerk. Other workers at the polling places were paired with a deputy returning officer to ensure that the ballot count for each polling division was completed by two workers. In some polling places, the reduced complement of poll workers led to a worker helping one deputy returning officer with a count and then, once that count was done, assisting a second deputy returning officer with their counting. This resulted in a small delay in some polls reporting their results.
If the next general election is held during the pandemic, the staffing plan is to have a dedicated second worker available to assist each deputy returning officer with the count. In areas where there are recruitment challenges, there will be the option of hiring additional workers for the peak voting period in the evening and having them stay for the ballot counting after the polls close.
Validation of results and return of writs
Returning officers in each electoral district validate the results of a by-election as soon as possible after election day. Once validation is completed, returning officers issue a certificate showing the number of votes cast for each candidate.
A returning officer must hold the writ for six days after the validation of the results to allow time for candidates and electors to request a judicial recount. If there is no recount, the returning officer declares the candidate who received the most votes elected and returns the writ to the Chief Electoral Officer.
There were no judicial recounts initiated in either of the 2020 by-elections.
In the Appendix, Table 9 lists the number of valid votes obtained by each candidate in each electoral district.
The official voting results were published on the Elections Canada website.
Complaints
During and after general elections or by-elections, Elections Canada receives, reviews and responds to complaints from electors. Complaints may relate to a wide range of issues such as long lines, campaign financing irregularities and accessibility problems at polling places.footnote 2 Electors can register complaints by phone, mail or email or by using a special form on the Elections Canada website. They can also lodge a complaint at an Elections Canada office or at their polling place. Elections Canada received 46 complaints related to the 2020 by-elections:
- 7 complaints about the agency's central services—such as the VIC, lists of electors and voting by special ballot—2 of which were COVID-19–relatedfootnote 3
- 10 complaints related to polling place accessibility, 4 of which were about parking, 2 about the level access entrance, 2 about signage and 2 about the location of the voting room
- 18 complaints about services at the polls, 13 of which were COVID-19–related
- 4 complaints about activities of political parties—such as campaigning and spending—2 of which were COVID-19–related
- 6 complaints about services to electors, 3 of which were COVID-19–related
- 1 complaint about counting the votes. This complaint was signed by a group of electors regarding the counting and reporting of the results in York Centre, which led to an administrative review. The review concluded that three advance polls—those where the Liberal candidate did better than the Conservative candidate—submitted their results for entry into the computer system at almost the same time, between 11:44 p.m. and 11:46 p.m. on election night (October 26). There was nothing irregular about this coincidence, but since these three polls yielded a large number of ballots in favour of the Liberal candidate, the impact was immediately noticeable. The votes for the three polls in question had already been cast between October 16 and October 19. The counting of the advance poll ballots was open to the candidates, and a representative for the Conservative candidate was present to observe the proceedings. The validation of the results took place on Thursday, October 29, and again, candidates or their representatives were invited to be present.
The volume and types of complaints for the 2020 by-elections were consistent with those for previous by-elections, with the exception of the complaints related to COVID-19. The majority of these were about poll workers not wearing their masks properly.
Elections Canada follows up on all complaints received and analyzes them to improve the agency's services. Complaints that may impact an elector's right to vote are given the highest priority. Those that are related to a potential offence under the Canada Elections Act are referred to the Commissioner of Canada Elections for possible investigation. For the 2020 by-elections, three complaints were referred to the Commissioner. Table 10 in the Appendix shows a summary of complaints for the 2020 by-elections.
Reporting obligations after polling day
Candidates and third parties must file their campaign return with Elections Canada by no later than four months after election day. For the two 2020 by-elections, the filing deadline was February 26, 2021.
Candidates who were elected or who received at least 10% of the valid votes cast in their electoral district were eligible to receive a partial reimbursement of their electoral campaign expenses. Initial instalments were paid to these eligible candidates in the total amount of $81,512.65 for the October 26, 2020, by-elections.
Cost of the by-elections
As of January 31, 2021, the total estimated cost for the two by-elections is $3.3 million, including $212,000 projected to be paid to candidates for the partial reimbursement of their election expenses and the subsidies to candidates' auditors. The cost per registered elector is estimated at $21.57, which is 72% higher than the historical averagefootnote 4 of $12.55. This increase is mainly due to the challenges of delivering an election during a pandemic and to both electoral districts being located in the Greater Toronto Area, where the delivery costs are higher than average (e.g. rental space, media buys, etc.).
The following table provides the estimated cost of the by-elections.
| Activity | October 26 by-elections* |
|---|---|
| Conducting the by-election Includes expenses for the fees and allowances of returning officers and election workers, printing ballots and lists of electors, leasing local offices and polling places, shipping election materials, running communications campaigns, hiring temporary staff and deploying IT infrastructure and telecommunications |
3,075 |
| Reimbursing election expenses to candidates and subsidies to candidates' auditors | 212 |
| Total estimated costs | 3,287 |
*In Toronto Centre and York Centre
Compliance with procedures
The Canada Elections Act requires Elections Canada to arrange for an independent audit of the performance of election officers at each general election and by-election. Since 2015, these audits have been conducted by the firm PricewaterhouseCoopers LLP (PwC).
PwC conducted independent audits of the two 2020 by-elections. Findings indicated that on all days of advanced polling (October 16, 17, 18 and 19, 2020) and on ordinary polling day (October 26, 2020), election officers had, in all significant respects, properly exercised the powers conferred on them and properly performed the duties and functions imposed on them under sections 143 to 149, 161,162 and 169 of the Canada Elections Act. The audit report also concluded that the administrative controls established by Elections Canada—including manuals, training materials and optimized certificates and forms—were effective in supporting election officers in the performance of their duties and functions.
The full audit report can be found on the Elections Canada website.
Surveys
Further information and feedback on the 2020 by-elections, including electors' and election workers' perceptions of the safety measures put in place, can be found in the Survey of Electors and the Survey of Election Officers, which are available on the Elections Canada website.
Footnotes
Return to source of Footnote 2 The agency defines a complaint as an expression of dissatisfaction with the products or services provided by Elections Canada, the way in which services were provided by Elections Canada or the conduct of a person or group during the electoral process.
Return to source of Footnote 3 One elector complained that Elections Canada was holding a by-election in Toronto Centre during the pandemic. The other elector who complained had wanted to vote by special ballot because of the pandemic and the health regulations in effect in Toronto Centre. Using Elections Canada's online service, he had applied to vote by special ballot. However, he received his ballot too late for it to be counted. He therefore decided to go to his ordinary polling station. The election officers asked the elector to destroy his special ballot (which he had fortunately brought with him) in front of them and then gave him a regular ballot.
Return to source of Footnote 4 The historical average is based on actual expenditures of the last 7 by-election events across 17 electoral districts from April 2017 to May 2019.