63 (1) A person described in subsection (2) who disputes the validity of a ballot or of the counting of votes in a ballot may, within 15 days after the clerk announces the result under section 62, apply to the Superior Court of Justice for a recount limited to the disputed ballots. 1996, c. 32, Sched., s. 63 (1); 2002, c. 17, Sched. D, s. 23 (1). Who may apply (2) Subsection (1) applies to a certified candidate, an applicant under section 58 or, in the case of a by-law or question, the municipality or local board or the Minister, as the case may be. 1996, c. 32, Sched., s. 63 (2). Notice of application (3) Notice of the application shall be served on the clerk and, if the application concerns an office, on each certified candidate. 1996, c. 32, Sched., s. 63 (3). Summary procedure (4) The application shall be dealt with in a summary manner, without application records or factums; the recount itself forms part of the hearing of the application. 1996, c. 32, Sched., s. 63 (4). Clerk to attend and provide materials (5) The clerk shall attend the recount and provide the court with, (a)  a certified copy of the result of the recount conducted by the clerk; (b)  a certified copy of the result of the recount conducted by the clerk excluding the disputed ballots; (c)  the sealed envelope containing the disputed ballots from the recount conducted by the clerk; and (d)  any other documents relating to the election that are relevant to the application. 1996, c. 32, Sched., s. 63 (5). Duty of court (6) The court shall conduct the recount by, (a)  determining the validity of the disputed ballots or of the counting of votes in any disputed ballots; and (b)  recalculating the result of the election using the determinations made under clause (a) and the certified results referred to in clause (5) (b). 1996, c. 32, Sched., s. 63 (6). Who may be present (7) Any persons who were present at the recount under section 56, 57 or 58 are entitled to be present at the hearing and recount under this section. 1996, c. 32, Sched., s. 63 (7). Order (8) When the recount is complete the court shall, (a)  make an order incorporating its decisions under subsection (6); (b)  announce to the persons present, (i)  the result of the recount, and (ii)  how the court dealt with the disputed ballots; (c)  place the disputed ballots in the original envelope and reseal it; and (d)  return to the clerk the material provided under subsection (5). 1996, c. 32, Sched., s. 63 (8). Copy of order (9) The court shall give a certified copy of the order to the clerk. 1996, c. 32, Sched., s. 63 (9). Tied vote (10) If the recount indicates that two or more candidates who cannot both or all be declared elected to an office have received the same number of votes, the clerk shall choose the successful candidate or candidates by lot. 1996, c. 32, Sched., s. 63 (10). Declaration (11) After receiving the order, the clerk shall declare the successful candidate or candidates to be elected or declare the result of the vote with respect to a by-law or question, as the case may be. 1996, c. 32, Sched., s. 63 (11). No appeal (12) Despite section 6 of the Courts of Justice Act, an order under this section cannot be appealed. 2002, c. 17, Sched. D, s. 23 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 23 (1, 2) - 01/01/2003