GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 284
Rejection of ballots 284 (1) In examining the ballots, the election officer who counts the votes shall reject one (a) that has not been supplied by him or her; (b) that has not been marked in a circle at the right of the candidates’ names; (c) that is void by virtue of section 76; (d) that has been marked in more than one circle at the right of the candidates’ names; or (e) on which there is any writing or mark by which the elector could be identified. Limitation (2) No ballot shall be rejected by reason only that an election officer placed on it any writing, number or mark, or failed to remove the counterfoil or to write the elector’s polling division number on the back of the ballot. Counterfoils remaining attached (3) If a ballot is found with the counterfoil attached, the election officer who counts the votes shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil. 2000, c. 9, s. 284 2018, c. 31, s. 192
Canada Elections Act — E-2.01 285
Ballots not initialled by election officer 285 If the election officer who counts the votes determines that a ballot has not been initialed by an election officer, he or she shall, in the presence of the election officer referred to in paragraph 283(1)(a) and witnesses, initial and count the ballot if satisfied that all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d). 2000, c. 9, s. 285 2018, c. 31, s. 193
Canada Elections Act — E-2.01 286
Objections to ballots 286 (1) One of the election officers referred to in subsection 283(1) shall make a record, in the prescribed form, of every objection to a ballot made by a candidate or candidate’s representative, give a number to the objection, write that number on the ballot and initial it. Decision of election officer (2) Every question that is raised by the objection shall be decided by the election officer who counts the votes, and the decision is subject to reversal only on a recount or on application under subsection 524(1). 2000, c. 9, s. 286 2018, c. 31, s. 193
Canada Elections Act — E-2.01 287
Statement of vote 287 (1) The election officer who counts the votes shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each candidate and the number of rejected ballots and shall place the original statement and a copy of it in the separate envelopes supplied for the purpose. Copies of statement of vote (2) The election officer shall give a copy of the statement of the vote to each of the candidates’ representatives present at the count. 2000, c. 9, s. 287 2018, c. 31, s. 194
Canada Elections Act — E-2.01 288
Marked ballots 288 (1) One of the election officers referred to in subsection 283(1) shall place the ballots for each candidate into separate envelopes, write on each envelope the name of the candidate and the number of votes he or she received, and seal it. The election officers shall sign the seal on each envelope, and the witnesses may also sign them. Rejected ballots (2) One of the election officers shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes. Documents enclosed in large envelope (3) One of the election officers shall seal in a large envelope supplied for the purpose (a) the envelopes that contain the marked ballots for the candidates, any spoiled ballots, unused ballots or rejected ballots, and the official list of electors; and (b) any other election documents, except for the envelopes that contain the statements of the vote and the registration certificates. Documents to be placed in the ballot box (4) The large envelope described in subsection (3) and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box. Sealing ballot box (5) The ballot box shall be sealed with the seals provided by the Chief Electoral Officer. 2000, c. 9, s. 288 2018, c. 31, s. 195
Canada Elections Act — E-2.01 288.01
Solemn declarations 288.01 One of the election officers referred to in subsection 283(1) shall place the form for each solemn declaration made under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) in an envelope supplied for the purpose. 2014, c. 12, s. 62 2018, c. 31, s. 196
Canada Elections Act — E-2.01 288.1
Periodic statements of electors who voted 288.1 One of the election officers referred to in subsection 283(1) shall place a copy of each document prepared for the purpose of paragraph 162(i.1) in an envelope supplied for the purpose. 2014, c. 12, s. 62 2018, c. 31, s. 196
Canada Elections Act — E-2.01 289
Counting of votes on polling day 289 (1) At least two election officers who are assigned to an advance polling station and who are specified in accordance with the Chief Electoral Officer’s instructions shall, at the close of the polling stations on polling day, attend at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes. Application of rules for counting votes (2) Subsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll except that (a) for the application of paragraph 283(3)(e), the two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions shall open the ballot boxes and empty their contents onto a table; and (b) for the application of subsection 288(4), the large envelope and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box used on the last day of advance polling. Prohibition (3) Subject to subsection (4), no person shall make a count of the votes cast at an advance poll before the close of voting hours on polling day. Exception (4) The two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions may begin counting the votes cast at an advance poll one hour before the close of voting hours on polling day if (a) the returning officer who is responsible for the advance polling station has obtained the Chief Electoral Officer’s prior approval for the counting to begin; (b) the counting is done in accordance with the Chief Electoral Officer’s instructions; (c) the counting is done in a manner that ensures the integrity of the vote; and (d) the counting is done in the presence of any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors. 2000, c. 9, s. 289; 2014, c. 12, s. 63 2018, c. 31, s. 197
Canada Elections Act — E-2.01 290
Sending ballot boxes and envelopes to returning officer 290 An election officer who is assigned to a polling station or an advance polling station shall, without delay after sealing the ballot box, send to the returning officer the box, with the envelope that contains the original statement of the vote, the envelope that contains the registration certificates, the envelope referred to in section 288.01 and, in the case of an election officer who is assigned to a polling station, the envelope referred to in section 288.1. 2000, c. 9, s. 290; 2014, c. 12, s. 64 2018, c. 31, s. 198
Canada Elections Act — E-2.01 291
Provision of documents 291 A returning officer shall — on the request of the candidate, his or her representative or a representative of the candidate’s party — provide him or her, after polling day, with (a) one copy of each statement of the vote in respect of the candidate’s electoral district; and (b) one copy of the documents prepared under paragraph 162(i.1). 2000, c. 9, s. 291; 2014, c. 12, s. 65
Canada Elections Act — E-2.01 292
Safekeeping of ballot boxes 292 A returning officer, on the receipt of each ballot box, shall (a) take every precaution to prevent any other person, except the assistant returning officer, from having access to it; and (b) examine and record the condition of the seals affixed to it and, if necessary, affix new seals.
Canada Elections Act — E-2.01 292.1
List of persons who made solemn declaration 292.1 A returning officer, on the receipt of each envelope referred to in section 288.01, shall create a list of the names of all persons who made a solemn declaration under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) and shall include in the list the address of each of those persons. 2014, c. 12, s. 66 2018, c. 31, s. 199
Canada Elections Act — E-2.01 293
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.
Canada Elections Act — E-2.01 294
Witnesses at validation 294 Candidates and their representatives 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.
Canada Elections Act — E-2.01 295
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 a candidate or his or her representative, 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.
Canada Elections Act — E-2.01 296
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 candidate at the polling stations; (b) for ascertaining the total number of votes under paragraph (a), may summon any election officer 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 question the election officer or other person respecting the matter in question and, if necessary, ask them to make a solemn declaration in respect of the matter. Notice to candidates (3) If paragraph (2)(b) applies, the returning officer shall give notice to the candidates 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. 2000, c. 9, s. 296 2018, c. 31, s. 200
Canada Elections Act — E-2.01 297
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 candidate, and shall deliver the original of the certificate to the Chief Electoral Officer and a copy of it to each candidate or his or her representative. 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 candidate.
Canada Elections Act — E-2.01 298
Ballot boxes 298 After the close of an election, each returning officer shall dispose of the ballot boxes as instructed by the Chief Electoral Officer.
Canada Elections Act — E-2.01 299
Definition of judge 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 sections 300 to 309 to act may act, to the extent authorized, within or outside his or her judicial district.
Canada Elections Act — E-2.01 300
Request by returning officer for recount 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. Notice to candidates (2) The returning officer shall notify each candidate or his or her official agent in writing of the request for a recount. Recount automatic (3) The judge shall fix the date for the recount to be conducted within four days after he or she receives the request. Documents to be supplied (4) The returning officer shall attend the recount and shall bring all relevant election materials including (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.
Canada Elections Act — E-2.01 301
Application for recount 301 (1) An elector may, within four days after the day on which a returning officer issues a certificate under section 297 and after notifying the returning officer in writing, apply to a judge for a recount. Notice to candidates (1.1) The returning officer shall notify each candidate or his or her official agent in writing of the application for a recount. Grounds for recount (2) The judge shall fix a date for a recount if it appears, on the affidavit of a credible witness, that (a) an election officer has incorrectly counted or rejected any ballots, or has written an incorrect number on the statement of the vote for the votes cast for a candidate; or (b) the returning officer has incorrectly added up the results set out in the statements of the vote. Deposit (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. Date for recount and summons (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. Notice to candidates (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. Returning officer required to attend (6) A returning officer to whom a summons is directed under subsection (4) shall obey it and shall be present throughout the recount. 2000, c. 9, s. 301; 2014, c. 12, s. 67 2018, c. 31, s. 201
Canada Elections Act — E-2.01 302
More than one application 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.
Canada Elections Act — E-2.01 304
Recount procedure 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 election officers or the Chief Electoral Officer. Documents that may be examined (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. Procedure for certain recounts (3) In the case of a recount conducted by counting the valid ballots or all of the ballots returned by election officers or the Chief Electoral Officer, the procedure set out in Schedule 4 applies. 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. Additional powers of judge (5) For the purpose of conducting a recount, a judge has the power to summon any election officer 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. Clerical assistants (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. 2000, c. 9, s. 304; 2014, c. 12, s. 69 2018, c. 31, s. 202
Canada Elections Act — E-2.01 305
Proceedings to be continuous 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.
Canada Elections Act — E-2.01 306
Security of documents 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. Supervision of sealing (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.
Canada Elections Act — E-2.01 307
Judge may terminate recount 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.
Canada Elections Act — E-2.01 308
Procedure at conclusion of recount 308 At the conclusion of a recount, the judge shall (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 candidate; (b) deliver the original of the certificate to the returning officer and a copy of it to each candidate; (c) return to the returning officer the election documents or election materials brought under subsection 300(4) or 301(4) for the purpose of the recount; and (d) deliver to the returning officer the reports created in the course of the recount. 2000, c. 9, s. 308; 2014, c. 12, s. 70 2018, c. 31, s. 203
Canada Elections Act — E-2.01 309
Costs 309 (1) If a recount does not alter the result of the vote so as to affect the return, the judge shall (a) order the costs of the candidate for whom the largest number of votes have been cast to be paid by the person who applied for the recount; and (b) tax those costs, following as closely as possible the tariff of costs allowed with respect to proceedings in the court in which the judge ordinarily presides. Disposal of deposit and right of action for balance (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.
Canada Elections Act — E-2.01 310
Application for reimbursement of costs 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. Chief Electoral Officer determines costs (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. Payment from Consolidated Revenue Fund (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.
Canada Elections Act — E-2.01 311
Failure of judge to act 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) (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, British Columbia or Prince Edward Island, 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 Newfoundland and Labrador, to a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador. Application on affidavit (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. Affidavits may 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 on demand. 2000, c. 9, s. 311; 2002, c. 7, s. 93; 2014, c. 12, s. 71 2018, c. 31, s. 204(F)
Canada Elections Act — E-2.01 312
Order of court after hearing 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 (a) shall make an order dismissing the application or ordering the judge in default to comply with the requirements of this Act in respect of the recount; and (b) may make an order with respect to costs. Judge to obey order (2) A judge found to be in default shall without delay comply with an order made under subsection (1). Costs (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.