Bill C-2
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PART 14 |
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JUDICIAL RECOUNT |
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Interpretation |
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| Definition of
``judge''
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299. (1) In this Part, ``judge'' means a judge
who sits in the electoral district where the
results are validated.
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| Powers of
judge
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(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.
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Recount Procedure |
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| Request by
returning
officer for
recount
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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.
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| Notice to
candidates
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(2) The returning officer shall notify each
candidate or his or her official agent in writing
of the request for a recount.
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| Recount
automatic
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(3) The judge shall fix the date for the
recount to be conducted within four days after
he or she receives the request.
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| Documents to
be supplied
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(4) The returning officer shall attend the
recount and shall bring all relevant election
materials including
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| Application
for recount
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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.
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| Grounds for
recount
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(2) The judge shall fix a date for a recount
if it appears, on the affidavit of a credible
witness, that
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| Deposit
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(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.
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| Date for
recount and
summons
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(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.
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| Notice to
candidates
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(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.
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| Returning
officer
required to
attend
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(6) A returning officer to whom a summons
is directed under subsection (4) shall obey it
and shall be present throughout the recount.
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| More than one
application
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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.
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| Right of
candidate to
attend
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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.
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| No other
person may
attend
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(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.
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| Recount
procedure
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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.
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| Documents
that may be
examined
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(2) If a recount of all of the ballots returned
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 appear
to contain other documents or refer to any
other election documents.
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| Steps to be
taken by
judge
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(3) At a recount, the judge shall
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| Powers of
judge
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(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.
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| Additional
powers of
judge
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(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.
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| Clerical
assistants
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(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.
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| Proceedings
to be
continuous
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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.
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| Security of
documents
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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.
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| Supervision
of sealing
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(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.
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| Judge may
terminate
recount
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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.
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| Procedure at
conclusion of
recount
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308. At the conclusion of a recount, the
judge shall
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| Costs
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309. (1) If a recount does not alter the result
of the vote so as to affect the return, the judge
shall
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| Disposal of
deposit and
right of action
for balance
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(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.
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| Application
for reimburse- ment of costs
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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.
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| Chief
Electoral
Officer
determines
costs
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(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.
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| Payment from
Consolidated
Revenue Fund
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(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.
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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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