open Secondary menu

179-G-2019-04 – Additional voting days under Divisions 2 and 5 of Part 11 of the Canada Elections Act

Canada Elections Act

43rd General Election

Instructions aimed at allowing additional voting days to be held under Divisions 2 and 5 of Part 11 of the Canada Elections Act

Date of issue: September 16, 2019

Number: 179-G-2019-04

Whereas Divisions 2 and 5 of Part 11 of the Canada Elections Act ("the Act") permit Canadian Forces electors and incarcerated electors, respectively, to make an application for registration and special ballot and to vote by special ballot;

Whereas section 190 of the Act provides that the voting period for Canadian Forces electors is the period beginning 14 days before polling day and ending 9 days before polling day;

Whereas a number of Canadian Forces electors will not be able to exercise their right to vote during this period because of their military duties;

Whereas subsection 245(1) of the Act provides that every incarcerated elector is entitled to vote by special ballot on the 12th day before polling day and subsection 250(2) of the Act provides for the voting hours at polling stations established in correctional institutions on the 12th day before polling day;

Whereas some correctional institutions are unable given the number of electors or security constraints to allow same-day voting for all electors who wish to vote;

Whereas the 19th day before polling day is the last day on which a nomination may be confirmed, pursuant to section 69 and subsection 71(1) of the Act,

Whereas the 6th day before polling day is the last day on which an application for registration and special ballot may be made under Divisions 3 and 4 of Part 11 of the Act, pursuant to paragraph 221(a) and subsection 232(1) of the Act, respectively, and that it is necessary, in order to maintain the integrity of the vote, to apply a similar limit to applications for registration and special ballot made under Divisions 2 and 5 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. Where a number of Canadian Forces electors will not be able to exercise their right to vote during the voting period provided by section 190 of the Act because of their military duties, a commanding officer may request the special voting rules administrator to authorize the opening of a polling station including a mobile polling station on a day falling outside the voting period.

3. Where a correctional institution is unable given the number of electors or security constraints to allow same-day voting for all electors who wish to vote, the liaison officer may request the special voting rules administrator to authorize the opening of a polling station for an additional day.

4. Upon receipt of a request made pursuant to paragraphs 2 or 3, the special voting rules administrator may authorize the opening of a polling station on one or more additional days.

5. The additional days authorized under paragraph 4 must be as close as possible from the voting period provided by section 190 of the Act or of the day provided by subsection 245(1) of the Act, as the case may be, and must be comprised in the period beginning 18 days before polling day and ending 6 days before polling day.

6. These instructions supersede the following instructions: "Adaptation by instruction pursuant to section 179 of the Canada Elections Act: definition of "voting period" for the purposes of Canadian Forces electors who are performing military duties", issued on September 19, 2008.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer