Bill C-2
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Failure of Judge to Conduct Recount |
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Failure of
judge to act
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311. (1) If a judge does not comply with the
provisions of sections 300 to 309, an
aggrieved party may, within eight days after
the failure to comply, make application for an
order under subsection (3)
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Application
on affidavit
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(2) An application under subsection (1) may
be made on affidavit, which need not be
entitled in any matter or cause, that sets out the
facts relating to the failure to comply.
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Order of
judge
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(3) The judge to whom an application is
made under subsection (1) shall, if it appears
that there was a failure to comply, make an
order
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Affidavits
may be filed
in reply
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(4) The judge complained of and any
interested party may file in the office of the
clerk, registrar or prothonotary of the court of
the judge to whom the application is made
affidavits in reply to those filed by the
applicant and shall provide the applicant with
copies of them on demand.
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Order of court
after hearing
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312. (1) After hearing the judge complained
of and any other parties, the judge to whom the
application was made or another judge of the
same court
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Judge to obey
order
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(2) A judge found to be in default shall
without delay comply with an order made
under subsection (1).
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Costs
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(3) Remedies for the recovery of costs
awarded under paragraph (1)(b) are the same
as for costs in ordinary cases in the same court.
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PART 15 |
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RETURN OF THE WRIT |
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Return of
elected
candidate
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313. (1) The returning officer, without
delay after the sixth day that follows the
completion of the validation of results or, if
there is a recount, without delay after
receiving the certificate referred to in section
308, shall declare elected the candidate who
obtained the largest number of votes by
completing the return of the writ in the
prescribed form on the back of the writ.
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Equality of
votes
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(2) If there is an equality of votes between
the candidates with the largest number of
votes, the returning officer shall indicate that
on the return of the writ.
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Sending of
documents
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314. (1) On completing the return of the
writ, the returning officer shall without delay
send to the Chief Electoral Officer all election
documents in his or her possession together
with
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Report re:
disappear- ance of ballot box, etc.
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(2) In any case arising under section 296,
the returning officer shall mention specially in
the report the circumstances accompanying
the disappearance of the ballot boxes or the
lack of any statement of the vote, and the mode
by which the returning officer ascertained the
number of votes cast for each candidate.
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Duplicate of
return to each
candidate
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315. (1) The returning officer shall forward
a copy of the return of the writ to each
candidate.
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Premature
return
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(2) A premature return of the writ is deemed
not to have reached the Chief Electoral Officer
until it should have reached the Chief
Electoral Officer in due course.
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Correction of
writ
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(3) The Chief Electoral Officer shall, if
necessary, send back the return of the writ and
any or all of the related election documents to
the returning officer for completion or
correction.
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Where report
made before
recount
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316. (1) Where, at the time of the issue of an
order under section 311 or 312, the returning
officer for the electoral district in respect of
which the order is made has made a return of
the writ under section 314, the Chief Electoral
Officer shall, on being provided with a
certified copy of the order, send back to the
returning officer all election documents
required for use at the recount.
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Duties of
returning
officer on
recount
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(2) On receiving a judge's certificate with
respect to the result of a recount, the returning
officer shall
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Effect of
substitute
return
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(3) A substitute return made under
paragraph (2)(a) has the effect of cancelling
the original return.
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Procedure on
receipt of
return by
Chief
Electoral
Officer
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317. The Chief Electoral Officer, on
receiving each return of the writ, shall, in the
order in which the return is received,
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Equality of
votes
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318. If the return of the writ indicates an
equality of votes between the candidates with
the largest number of votes, the Chief
Electoral Officer shall without delay
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PART 16 |
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COMMUNICATIONS |
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Interpretation |
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Definitions
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319. The definitions in this section apply in
this Part.
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``election
advertising'' « publicité électorale »
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``election advertising'' means the
transmission to the public by any means
during an election period of a message that
promotes or opposes a registered party or
the election of a candidate, including one
that takes a position on an issue with which
a registered party or candidate is associated.
It does not include
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``election
survey'' « sondage électoral »
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``election survey'' means an opinion survey of
how electors will vote at an election or
respecting an issue with which a registered
party or candidate is associated.
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``network'' « réseau »
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``network'' means a network as defined in
subsection 2(1) of the Broadcasting Act, but
does not include a temporary network
operation as defined in that subsection.
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``network
operator'' « exploitant de réseau »
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``network operator'' means a person or
undertaking to which permission has been
granted by the Canadian Radio-television
and Telecommunications Commission to
form and operate a network.
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``prime time'' « heures de grande écoute »
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``prime time'', in the case of a radio station,
means the time between the hours of 6 a.m.
and 9 a.m., noon and 2 p.m. and 4 p.m. and
7 p.m., and, in the case of a television
station, means the hours between 6 p.m. and
midnight.
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Election Advertising |
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Message must
be authorized
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320. A candidate or registered party, or a
person acting on their behalf, who causes
election advertising to be conducted shall
mention in or on the message that its
transmission was authorized by the official
agent of the candidate or by the registered
agent of the party, as the case may be.
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Government
means of
transmission
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321. (1) No person shall knowingly conduct
election advertising or cause it to be
conducted using a means of transmission of
the Government of Canada.
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Application
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(2) For the purpose of subsection (1), a
person includes a group within the meaning of
Part 17.
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Election
advertising
posters
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322. (1) No landlord or person acting on
their behalf may prohibit a tenant from
displaying election advertising posters on the
premises to which the lease relates and no
condominium corporation or any of its agents
may prohibit the owner of a condominium unit
from displaying election advertising posters
on the premises of his or her unit.
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Permitted
restrictions
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(2) Despite subsection (1), a landlord,
person, condominium corporation or agent
referred to in that subsection may set
reasonable conditions relating to the size or
type of election advertising posters that may
be displayed on the premises and may prohibit
the display of election advertising posters in
common areas of the building in which the
premises are found.
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Blackout
period
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323. (1) No person shall knowingly conduct
election advertising on the day before polling
day or on polling day until the close of all
polling stations.
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Interpreta- tion
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(2) The transmission to the public of a
notice of an event that the leader of a
registered party intends to attend or an
invitation to meet or hear the leader of a
registered party is not election advertising for
the purpose of subsection (1).
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Definition of
``person''
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(3) For the purpose of subsection (1), a
person includes a registered party and a group
within the meaning of Part 17.
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Exceptions
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324. Subsection 323(1) does not apply in
respect of
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Prohibition -
prevention or
impairment of
transmission
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325. No person shall prevent or impair the
transmission to the public of an election
advertising message without the consent of
the person who authorized its transmission.
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Election Opinion Surveys |
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Transmission
of election
survey results
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326. (1) The first person who transmits the
results of an election survey - other than a
survey that is described in section 327 - to
the public during an election period and any
person who transmits them to the public
within 24 hours after they are first transmitted
to the public must provide the following
together with the results:
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Additional
information
- published
surveys
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(2) In addition to the information referred to
in subsection (1), the following must be
provided in the case of a transmission to the
public by means other than broadcasting:
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Report on
survey results
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(3) A sponsor of an election survey shall, at
any time during an election period after the
results of the survey are transmitted to the
public, provide, on request, a copy of a written
report on the results of the survey, as
transmitted under subsection (1). The report
shall include the following, as applicable:
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