179-G-2019-11 – Counting of certain ballots and special ballots under Divisions 6 and 7 of Part 11 of the Canada Elections Act

Canada Elections Act

43rd General Election

Instructions to permit the counting of certain ballots and special ballots under Divisions 6 and 7 of Part 11 of the Canada Elections Act

Date of issue: October 11, 2019

Number: 179-G-2019-11

Whereas subsections 116(2) and (3) of the Canada Elections Act (“the Act”) require, as an integrity measure, for the ballot to feature a detachable counterfoil and stub, both on which are printed a serial number;

Whereas the Act provides that the ballot stub must remain attached to the ballot booklet and, under paragraph 151(2)(b) of the Act, provides that the counterfoil must be removed from the ballot after the elector has marked the ballot and before the ballot is inserted into the ballot box;

Whereas with respect to the counting of votes under Parts 9 or 10 of this Act, subsection 284(2) of the Act states that no ballot shall be rejected only by reason that an election officer failed to remove the counterfoil;

Whereas subsection 284(3) of the Act sets out the following process to be followed where a counterfoil remained attached:

(3) If a ballot is found with the counterfoil attached, the election officer who counts the votes shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.

Whereas Divisions 2, 4 and 5 of Part 11 of the Act each permit eligible electors to make an application for registration and special ballot and to vote by special ballot;

Whereas the elector referred to in section 241 of the Act— who votes under Division 4 of Part 11 of the Act—is required to vote with a regular ballot featuring a detachable counterfoil and stub, both on which are printed a serial number;

Whereas the elector who votes under Division 4 of Part 11 of the Act but to whom section 241 of the Act does not apply, as well as the elector who votes under Division 2 or 5 of Part 11 of the Act, is required to vote with a special ballot featuring a stub on which a serial number has been printed;

Whereas Divisions 6 and 7 of Part 11 of the Act provide the applicable procedure for counting the votes at the Office of the Chief Electoral Officer and for counting the votes at the office of the returning officer, respectively, and sections 269 and 279 of the Act provide, in respect of each division, the grounds in respect of which a ballot or a special ballot may be rejected;

Whereas the election officers examining ballots or special ballots under paragraphs 269(1)(e) or 279(1)(e) must reject those ballots on which there is any writing or mark by which the elector could be identified;

Whereas subsections 284(2) and (3) noted above have no equivalent in Divisions 6 and 7 of Part 11 of the Act;

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 a general election.

2. For the purposes of subsection 269(1) of the Act, no special ballot shall be rejected by reason only that an election officer or unit election officer failed to remove the stub.

3. If a special ballot is found with the stub attached, one of the special ballot officers who counts the votes shall, while concealing the number on it from all persons present and without examining it, remove and destroy the stub.

4. For the purposes of subsection 279(1) of the Act:

(a) no ballot shall be rejected by reason only that an election officer failed to remove the counterfoil; and

(b) no special ballot shall be rejected by reason only that an election officer failed to remove the stub.

5. If a ballot is found with the counterfoil attached or a special ballot is found with the stub attached, one of the election officers who counts the votes shall, while concealing the number on it from all persons present and without examining it, remove and destroy that counterfoil or stub.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer