Regulation Adapting the Canada Elections Act for the Purposes of a Referendum
- 299. (1) In this Part, "judge" means a judge
who sits in the electoral district where the
results are validated.
Powers of judge
- (2) A judge who is authorized by subsections
300(4), 301(4) to (6), sections 302, 304 to 306,
and 308 of this Act, and sections 29 and 30 of
the Referendum Act to act may act, to the extent
authorized, within or outside his or her judicial
- 300. (1) Not applicable.
- (2) Not applicable.
- (3) Not applicable.
- (4) The returning officer shall attend the
recount and shall bring all relevant referendum
- (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.
- 301. (1) Not applicable.
- (2) Not applicable.
- (3) Not applicable.
Date for recount
- (4) Where an application for recount is
made under subsections 29(1) or (2) of the
Referendum Act, and the judge orders a recount,
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.
- (5) The judge shall notify each person who
made an application pursuant to subsection
(4) 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.
- (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
- 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.
- 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
that may be
- (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 referendum
Steps to be taken
- (3) At a recount, the judge shall
- (a) count the ballots in the manner prescribed
for a deputy returning officer or a special ballot
- (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 each answer to a referendum question, 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.
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.
- (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.
- 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.
- 306. (1) During a break described in section
305, the judge or any other person who has possession
of ballots and other referendum 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.
- (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.
- 308. At the conclusion of a recount, the judge
- (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
answer to a referendum question; and
- (b) deliver the original of the certificate to
the returning officer and a copy of it to each
agent who made a request pursuant to subsection
10(1) of the Referendum Act.
Failure of Judge to Conduct Recount
Failure of judge
- 311. (1) If a judge does not comply with the
provisions of subsections 300(4), 301(4) to (6),
sections 302, 304 to 306, and 308 of this Act,
and sections 29 and 30 of the Referendum Act, an aggrieved party may, within eight days after
the failure to comply, make application for an
order under subsection (3)
- (a) in the Province of Ontario, to a judge of the
Superior Court of Justice;
- (b) in the Province of Quebec, New Brunswick
or Alberta, Yukon, the Northwest Territories or
Nunavut, to a judge of the Court of Appeal of
the Province or Territory;
- (c) in the Province of Nova Scotia or British
Columbia, to a judge of the Supreme Court
of the Province;
- (d) in the Province of Manitoba or
Saskatchewan, to a judge of the Court of
Queen's Bench for the Province; and
- (e) in the Province of Prince Edward Island
or Newfoundland, to a judge of the trial division
of the Supreme Court of the Province.
- (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.
Order of judge
- (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
- (a) fixing the time, within the following eight
days, and place to hear the application;
- (b) directing the attendance of all parties
interested at that time and place; and
- (c) giving directions for the service of the
order, and of any affidavit on which it was
granted, on the judge alleged to have failed to
comply and on any other interested party.
be filed in reply
- (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
Order of court
- 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
- (a) shall make an order dismissing the application
or ordering the judge in default to
comply with the requirements of this Act and
the Referendum Act in respect of the recount;
- (b) not applicable.
- (2) A judge found to be in default shall without
delay comply with an order made under
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