Bill C-83

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First Reading

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	(b) any other election documents, except for the envelopes that contain the statements of the vote and the registration certificates.
Documents to be placed in the ballot box	(4) The large envelope described in subsection (3) and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box.
Sealing ballot box	(5) The ballot box shall be sealed by the deputy returning officer with the seals provided by the Chief Electoral Officer.
	Advance Polls
Counting of votes on polling day	289. (1) The deputy returning officer of an advance poll shall, at the close of the polling stations on polling day, attend with the poll clerk at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.
Application of rules for counting votes	(2) Subsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll.
Prohibition	(3) No person shall make a count of the votes cast at an advance poll before the close of the polling stations on polling day.
	Delivery of Ballot Boxes to Returning Officer
Sending ballot boxes and statement to returning officer	290. (1) The deputy returning officer for a polling station or an advance poll shall, without delay after sealing the ballot box, send the box, with the envelope that contains the original statement of the vote and the envelope that contains the registration certificate, to the returning officer.
Collection of ballot boxes	(2) A returning officer may appoint persons to collect ballot boxes together with the envelopes referred to in subsection (1) from polling stations, and any person so appointed shall take the prescribed oath when he or she sends those materials to the returning officer.
Provision of statements to candidates	291. A returning officer shall, on request, provide each candidate one copy of each statement of the vote in the candidate's electoral district.
Safekeeping of ballot boxes	292. A returning officer, on the receipt of each ballot box, shall
	(a) take every precaution to prevent any other person, except the assistant returning officer, from having access to it; and
	(b) examine and record the condition of the seals affixed to it and, if necessary, affix new seals.
	PART 13
	VALIDATION OF RESULTS BY THE RETURNING OFFICER
Validation of results	293. (1) After a returning officer receives all of the ballot boxes, he or she shall, at his or her office, in the presence of the assistant returning officer at the time indicated in paragraph 62(c), validate the results of the vote from the original statements of the vote and the information communicated under section 280.
Adjournment if ballot boxes or information not received	(2) If, on the day fixed for the validation of the results as described in paragraph 62(c), a returning officer has not received all the ballot boxes or the information required by section 280, the returning officer shall adjourn the proceedings for not more than seven days.
Further adjournment	(3) If, on the day fixed for the proceedings by virtue of an adjournment under subsection (2), the returning officer has not, for any reason, received the ballot boxes or information referred to in that subsection, the returning officer may make further adjournments of not more than a total of two weeks.
Witnesses at validation	294. Candidates and their representatives may attend the validation of the results, but if none of them is present, the returning officer shall ensure the presence of at least two electors until the validation is completed.
Opening ballot box in certain cases	295. (1) If the original statement of the vote is missing, appears to contain an error, to be incomplete or to have been altered, or is disputed by a candidate or his or her representative, the returning officer may open the ballot box and the envelope that contains the copy of the statement of the vote or, if that copy is missing, the large envelope.
Information on envelopes containing ballots	(2) If a copy of the statement of the vote is not found or is not useful for the purpose of validating the results, the returning officer may use the information that is written on the envelopes that contain the ballots for that purpose.
Limitation	(3) The returning officer shall not open an envelope that appears to contain ballots.
Resealing of loose papers	(4) If the returning officer opens the large envelope, he or she shall place its contents into another envelope, seal that envelope and initial the seal.
Loss or destruction of ballot boxes	296. (1) If a ballot box has been destroyed or is missing, the returning officer shall ascertain the cause of the destruction or loss and shall complete the validation of the results from the original copy of the statement of the vote in the same manner as if he or she had received the ballot box.
Power to summon and examine	(2) If the returning officer is unable to obtain either the original statement of the vote or the ballot box, he or she
	(a) shall ascertain, by any evidence that he or she is able to obtain, the total number of votes cast for each candidate at the polling stations;
	(b) for ascertaining the total number of votes under paragraph (a), may summon any deputy returning officer, poll clerk or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; and
	(c) may examine on oath the deputy returning officer, poll clerk or other person respecting the matter in question.
Notice to candidates	(3) The returning officer shall give notice to the candidates for that electoral district of any proceedings under paragraph (2)(b).
Obligation to comply with summons	(4) Every person to whom a summons is directed under paragraph (2)(b) shall obey it.
Certificate of votes cast	297. Without delay after the validation of the results, the returning officer shall prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate, and shall deliver the original of the certificate to the Chief Electoral Officer and a copy of it to each candidate or his or her representative. In the case described in section 296, the certificate shall indicate the number of votes that have been ascertained to have been cast for each candidate.
Ballot boxes	298. After the close of an election, each returning officer shall dispose of the ballot boxes as instructed by the Chief Electoral Officer.
	PART 14
	JUDICIAL RECOUNT
	Interpretation
Definition of ``judge''	299. (1) In this Part, ``judge'' means a judge who presides in the electoral district where the results are validated.
Powers of judge	(2) A judge who is authorized by sections 300 to 309 to act may act, to the extent authorized, within or outside his or her judicial district.
	Recount Procedure
Request by returning officer for recount	300. (1) If the difference between the number of votes cast for the candidate with the most votes and the number cast for any other candidate is less than 1/1000 of the votes cast, the returning officer shall make a request to a judge for a recount within four days after the results are validated.
Notice to candidates	(2) The returning officer shall notify each candidate or his or her official agent in writing of the request for a recount.
Recount automatic	(3) The judge shall fix the date for the recount to be conducted within four days after he or she receives the request.
Documents to be supplied	(4) The returning officer shall attend the recount and shall bring all relevant election materials including
	(a) the ballot boxes;
	(b) the statements of the vote used to validate the results; and
	(c) all ballots cast and statements of the vote made in accordance with Part 11.
Application for recount	301. (1) An elector may, within four days after the date on which a returning officer issues a certificate under section 297, apply to a judge for a recount.
Recount ordered	(2) The judge shall fix a date for a recount if it appears, on the affidavit of a credible witness, that
	(a) a deputy returning officer has incorrectly counted or rejected any ballots, or has written an incorrect number on the statement of the vote for the votes cast for a candidate; or
	(b) the returning officer has incorrectly added up the results set out in the statements of the vote.
Deposit	(3) The applicant shall deposit with the clerk or prothonotary of the court the sum of $250 as security for the costs of the candidate who obtained the largest number of votes.
Date for recount and summons	(4) The date fixed for the recount shall be within four days after the judge receives the application. The judge shall summon the returning officer to attend and to bring the relevant ballot boxes and statements of the vote together with the ballots that were counted, and the statements that were completed, under Part 11.
Notice to candidates	(5) The judge shall notify each candidate or his or her official agent in writing of the time and place fixed for the recount. The judge may decide that service of the notice will be substitutional, by mail or posting or in any other manner.
Returning officer required to attend	(6) A returning officer to whom a summons is directed under subsection (4) shall obey it and shall be present throughout the recount.
More than one application	302. If a judge receives more than one application for a recount for more than one electoral district, the recounts shall be conducted in the order in which the judge receives the applications.
Right of candidate to attend	303. (1) Each candidate and up to three of his or her representatives may attend at a recount. If a candidate is not present and is not represented at the recount, no more than three electors are entitled to attend on the candidate's behalf.
No other person may attend	(2) Except with the permission of the judge, no person other than those described in subsection (1) and the returning officer may be present at the recount.
Recount procedure	304. (1) The judge shall conduct the recount by adding the number of votes reported in the statements of the vote or by counting the valid ballots or all of the ballots returned by the deputy returning officers or the Chief Electoral Officer.
Documents that may be examined	(2) If a recount of the ballots is required, the judge may open the sealed envelopes that contain the used and counted, unused, rejected and spoiled ballots. The judge shall not open any envelopes that contain other documents or refer to any other election documents.
Steps to be taken by judge	(3) At a recount, the judge shall
	(a) count the ballots in the manner prescribed for a deputy returning officer or a special ballot officer;
	(b) verify or correct, if necessary, each statement of the vote; and
	(c) review the decision of the returning officer with respect to the number of votes cast for a candidate, in the case of a missing or destroyed ballot box or statement of the vote.
Powers of judge	(4) For the purpose of arriving at the facts with respect to a missing ballot box or statement of the vote, the judge has all the powers of a returning officer with regard to the attendance and examination of witnesses who, in case of non-attendance, are subject to the same consequences as in the case of refusal or neglect to attend on the summons of a returning officer.
Additional powers of judge	(5) For the purpose of conducting a recount, a judge has the power to summon any deputy returning officer or poll clerk as a witness and to require him or her to give evidence on oath and, for that purpose, has the same power that is vested in any court of record.
Clerical assistants	(6) Subject to the approval of the Chief Electoral Officer, a judge may retain the services of support staff to assist in the performance of his or her duties under this Part.
Proceedings to be continuous	305. The judge shall, as far as practicable, proceed continuously with a recount, except for necessary breaks and, unless the judge orders otherwise, between 6:00 p.m. and 9:00 a.m.
Security of documents	306. (1) During a break described in section 305, the judge or any other person who has possession of ballots and other election documents shall keep them sealed in parcels, and the seal shall be signed by the judge and may be signed by any other person in attendance.
Supervision of sealing	(2) The judge shall personally supervise the parcelling and sealing of ballots and documents at a recount and take all necessary precautions for their security.
Judge may terminate recount	307. Except in a case referred to in section 300, a judge may at any time terminate a recount on request in writing by the person who applied for the recount.
Procedure at conclusion of recount	308. At the conclusion of a recount, the judge shall
	(a) seal the ballots in a separate envelope for each polling station and without delay prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate; and
	(b) deliver the original of the certificate to the returning officer and a copy of it to each candidate.
Costs	309. (1) If a recount does not alter the result of the vote so as to affect the return, the judge shall
	(a) order the costs of the candidate for whom the largest number of votes have been cast to be paid by the person who applied for the recount; and
	(b) tax those costs, following as closely as possible the tariff of costs allowed with respect to proceedings in the court in which the judge ordinarily presides.
Disposal of deposit and right of action for balance	(2) The money deposited as security for costs shall, as far as is necessary, be paid out to the candidate in whose favour costs are awarded under subsection (1) and, if the deposit is insufficient to cover the costs, the party in whose favour the costs are awarded has their action for the balance.
Application for reimburse- ment of costs	310. (1) After a recount, a candidate may make an application to the Chief Electoral Officer for reimbursement of his or her costs in respect of the recount, setting out the amount and nature of the costs and whether they were actually and reasonably incurred.
Chief Electoral Officer determines costs	(2) On receipt of an application under subsection (1), the Chief Electoral Officer shall determine the costs, and shall make a request for reimbursement to the Receiver General, up to a maximum of $500 for each day or part of a day during which the judge conducted the recount.
Payment from Consolidated Revenue Fund	(3) The Receiver General, on receipt of a request for reimbursement from the Chief Electoral Officer, shall pay to the candidate the amount requested from the Consolidated Revenue Fund.