Regulation Adapting the Canada Elections Act for the Purposes of a Referendum
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. The
further adjournments may not exceed a total of
two weeks.
Witnesses at
validation
294. Agents of registered referendum committees
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 an agent of a registered referendum
committee, 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 answer to a referendum
question 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 agents
(3) If paragraph (2)(b) applies, the returning
officer shall give notice to the agents of registered
referendum committees referred to in
subsection 10(1) of the Referendum Act for that
electoral district of the date and time fixed for
the appearance.
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 answer to a referendum
question, and shall deliver the original of
the certificate to the Chief Electoral Officer and
a copy of it to each agent that made a request
pursuant to subsection 10(1) of the Referendum
Act. 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 answer to a referendum question.
Ballot boxes
298. After the close of a referendum, each
returning officer shall dispose of the ballot
boxes as instructed by the Chief Electoral
Officer.
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