179-G-2019-14 – Instructions to permit the administration of the vote at an elector’s dwelling place for certain electors

Canada Elections Act

43rd General Election

Instructions to permit the administration of the vote at an elector’s dwelling place after 6:00 p.m. on the 6th day before polling day for certain electors

Date of issue: October 21, 2019

Number: 179-G-2019-14

Whereas section 243.1 of the Canada Elections Act (the “Act”) authorizes eligible electors to vote by special ballot from their dwelling place in certain limited circumstances;

Whereas an elector may only vote under Division 4 of Part 11 of the Act if his or her application for registration and special ballot is received before 6:00 p.m. on the 6th day before polling day;

Whereas certain electors eligible to vote under section 243.1 of the Act arranged with returning officers to apply for registration and vote by special ballot at their dwelling place before 6:00 p.m. on the 6th day before polling day;

Whereas some returning officers did not provide registration and voting services to these eligible electors at their dwelling place before 6:00 p.m. on the 6th day before polling day despite prior confirmed arrangements and through the oversight,  error or  omission of the returning officer or an election officer administering  registration and voting services under section 243.1;

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. Despite subsection 232(1) of the Act, an election officer may process an elector’s application for registration and administer the vote at the elector’s dwelling after 6:00 p.m. on the 6th day before polling day if :

a) the elector is eligible to vote under section 243.1 of the Act,

b) the elector had made prior confirmed arrangements to vote under section 243.1 of the Act before 6:00 p.m. on the 6th day before polling day, and

c) registration and voting services were not provided at the elector’s dwelling place through the oversight, error or omission of the returning officer or an election officer in charge of administering registration and voting services under section 243.1.

3. The election officer shall ensure that the special ballot cast is received by the returning officer before the close of polling stations on polling day.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer