Regulation Adapting the Canada Elections Act for the Purposes of a Referendum
Part 15
Return of the Writ
Referendum
return
313. (1) The returning officer, without delay
after the 10th 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 which
answer to a referendum question obtained
the largest number of votes by completing the
return of the writ in the prescribed form on the
back of the writ.
Equality of votes
(2) If there is an equality of votes between
each answer to a referendum question, the
returning officer shall indicate that on the return
of the writ.
Sending of
documents
314. (1) On completing the return of the writ,
the returning officer shall without delay send to
the Chief Electoral Officer all referendum documents
in his or her possession together with
(a) a report of the returning officer's proceedings
in the prescribed form including his or
her comments with respect to the state of the
referendum documents received from the
deputy returning officers;
(b) a summary, in the prescribed form, of the
number of votes cast for each answer to a referendum
question at each polling station; and
(c) all other documents that were used at the
referendum.
Report re
disappearance of
ballot box, etc.
(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 answer to a referendum
question.
315. (1) Not applicable.
Premature return
(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.
Correction
of writ
(3) The Chief Electoral Officer shall, if necessary,
send back the return of the writ and any or
all of the related referendum documents to the
returning officer for completion or correction.
Where report
made before
recount
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 referendum documents required for
use at the recount.
Duties of
returning officer
on recount
(2) On receiving a judge's certificate with
respect to the result of a recount, the returning
officer shall
(a) if the result of the recount does not confirm
the original return of the writ, make a
substitute return of the writ; or
(b) if the result of the recount is to confirm
the return, send the papers back to the Chief
Electoral Officer without delay and not make
a substitute return of the writ.
Effect of
substitute return
(3) A substitute return made under paragraph
(2)(a) has the effect of cancelling the original
return.
Site Menu